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COMMISSION ON AGING OF STATE OF ALABAMA v. FINCH

No. 28051.

430 F.2d 667 (1970)

The COMMISSION ON AGING OF the STATE OF ALABAMA et al., Petitioners, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Respondent.

United States Court of Appeals, Fifth Circuit.

August 4, 1970.

Attorney(s) appearing for the Case

MacDonald Gallion, Atty. Gen., W. Mark Anderson, III, Sp. Asst. Atty. Gen., Montgomery, Ala., for petitioners.

John N. Mitchell, U. S. Atty. Gen., Alan S. Rosenthal, Robert E. Kopp, Attys., Dept. of Justice, Washington, D. C., Robert C. Maridian, Gen. Counsel, Health, Education and Welfare, Washington, D. C., for respondent.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and CLARK, Circuit Judges.

PER CURIAM:

The Commission on Aging for the State of Alabama (Commission) petitions this court to review what it characterizes as a "final action" of the Secretary of Health, Education and Welfare (Secretary) in the hope it can recapture its originally allotted portion of a 1968 appropriation that has long ago been distributed to other states. Since we find that no final action by the Secretary has taken place in any sense essential to the investiture of review jurisdiction...

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