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ACUPUNCTURE CENTER OF WASHINGTON v. BRENNAN

Civ. A. No. 635-73.

364 F.Supp. 1038 (1973)

ACUPUNCTURE CENTER OF WASHINGTON and Yann Theresa Kao, Plaintiffs, v. Peter J. BRENNAN, Secretary of Labor, and Lorenzo M. White, Acting Director, Office of Employment Services, Defendants.

United States District Court, District of Columbia.

October 5, 1973.

Attorney(s) appearing for the Case

Howard Esterces, New York City, admitted pro hac vice, for plaintiffs.

Richard I. Chaifetz, Atty., Dept of Justice, Washington, D. C., for defendants.

MEMORANDUM

GASCH, District Judge.

This matter is before the Court on cross-motions for summary judgment. The dispositive issue which must be decided is whether the Secretary of Labor, acting through the Regional Manpower Administrator, abused his discretion in denying a labor certification to the plaintiff who is an alien. The Court finds that the defendants did indeed abuse their discretion.

Plaintiff, Yann Theresa Kao,1

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