BACHOWSKI v. USERY

Nos. 76-1802 and 76-1820.

545 F.2d 363 (1976)

Walter BACHOWSKI v. W. J. USERY, Secretary of Labor, United States Department of Labor, Appellant in No. 76-1802, and United Steelworkers of America, Appellant in No. 76-1820.

United States Court of Appeals, Third Circuit.

Decided November 3, 1976.


Attorney(s) appearing for the Case

Joseph L. Rauh, Jr., Rauh, Silard & Lichtman, Joseph A. Yablonski, Charles R. Both, Daniel B. Edelman, Yablonski, Both & Edelman, Washington, D.C., Kenneth J. Yablonski, Washington, Pa., for appellee Walter Bachowski.

Rex E. Lee, Asst. Atty. Gen., Blair A. Griffith, U.S. Atty., Robert E. Kopp, Michael H. Stein, Attys., Dept. of Justice, Washington, D.C., for appellant W. J. Usery.

Robert M. Weinberg, Michael H. Gottesman, George H. Cohen, Bredhoff, Cushman, Gottesman & Cohen, Washington, D.C., for appellant United Steelworkers of America; Bernard Kleiman, Chicago, Ill., James D. English, Pittsburgh, Pa., of counsel.

Before ADAMS and WEIS, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

The present appeal, marking the second time this litigation comes before this Court,1 is taken by the Secretary of Labor and the United Steelworkers of America from an order of the district court on remand from the judgment of the Supreme Court in Dunlop v. Bachowski.2 The appellants contend that the district court transgressed the boundaries established...

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