
    No. 01-518.
    BE&K Construction Co. v. National Labor Relations Board et al.
   C. A. 6th Cir. Certiorari granted limited to the following question: “Did the Court of Appeals.err in holding that under Bill Johnson’s Restaurants, Inc. v. NLRB, 461 U. S. 731 (1983), the NLRB may impose liability on an employer for filing a losing retaliatory lawsuit, even if the employer could show the suit was not objectively baseless under Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc., 508 U.S. 49 (1993)?”  