Tri-State Steel Construction Co., Inc., (Tri-State) filed a petition for fees and expensesunder the Equal Access to Justice Act (EAJA), 5 U.S.C. ? 504. The administrative law judge aggregated the net worth of National Engineering and Contracting Co., Tri-State?s parent corporation, with the assets of Tri-State in finding that Tri-State?s net worth exceeded the $7,000,000 limit for eligibility under the EAJA. Tri-State Steel Const. Co., Nos. 89-2611, 89-2705 (February 10, 1997) (ALJ). The Sixth Circuit reversed and remanded. Tri-State Steel Const. Co., Inc., v. Herman, 164 F.3rd 973 (6th Cir. 1999). Tri-state has now filed a motion requesting that the Review Commission rule on its petition for fees and expenses.
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