UNITED STATES v. STATE OF OHIO

No. 6-2.

487 F.2d 936 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. The STATE OF OHIO et al., Defendants-Appellees.

Temporary Emergency Court of Appeals.

October 25, 1973.


Attorney(s) appearing for the Case

Paul T. Michael, Washington, D. C. (Irving Jaffe, Acting Asst. Atty. Gen., William E. Nelson, Stanley D. Rose, William C. White, Dept. of Justice, Washington, D. C., on the brief), for appellant.

Robert B. Meany, Asst. Atty. Gen. (William J. Brown, Atty. Gen. on the brief), for appellee, State of Ohio.

John A. Brown, Lucas, Prendergast, Albright, Gibson, Brown & Newman, Columbus, Ohio, for appellee, Successful Relators, Ernest Fry and Thelma Boehm in Supreme Court of Ohio.

Jerry L. Riseling, Columbus, Ohio, for appellee, Jesse T. Kaiser.

Stephen S. Boynton, McIntosh & Boynton, Washington, D. C., for amicus curiae, Governmental Employees.

Leonard S. Sigall, Reynoldsburg, Ohio, for Successful Relators, James C. Ervin, and others in the Tenth District Court of Appeals.

Before TAMM, Chief Judge, and VAN OOSTERHOUT and HASTINGS, Judges.


VAN OOSTERHOUT, Judge.

This case has been certified to this court for appropriate proceedings in accordance with § 211(c) of the Economic Stabilization Act as amended1, hereinafter called the Act, by the United States District Court for the Southern District of Ohio. The certification was filed in this court on July 3, 1973.

The issue certified is whether the Act "authorizes the Pay Board and other administrative machinery...

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