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National Labor Relations Board v. A. Duie Pyle Inc.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


July 11, 1984; As Amended July 18, 1984.

NATIONAL LABOR RELATIONS BOARD
v.
A. DUIE PYLE, INC.

On petition for attorneys' fees. Case referred to a magistrate.

Author: Weis

Before HUNTER and WEIS, Circuit Judges, and DUMBAULD, District Judge.*fn*

Full Text of Order

WEIS, Circuit Judge: -- The court concludes that the Board was not substantially justified in litigating the discharge of Robert Touchton in view of the settled state of the law in this circuit. However, the Board was justified in litigating the discharge of James Scott. Accordingly, if eligible under the Act, A. Duie Pyle, Inc. is entitled to reasonable attorneys' fees only as to the Touchton issue.

For the purpose of determining the eligibility of A. Duie Pyle, Inc. and a reasonable fee under the circumstances listed above, it is directed that this case be referred to Magistrate Jerome Simandle for a report and recommendation.


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