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USERY v. WHITIN MACHINE WORKS, INC.

No. 76-1373.

554 F.2d 498 (1977)

W. J. USERY, Jr., Secretary of Labor, Petitioner, Appellant, v. WHITIN MACHINE WORKS, INC., Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided May 11, 1977.

Attorney(s) appearing for the Case

Neil H. Koslowe, Atty., Dept. of Justice, Civ. Div., Appellate Section, Washington, D. C., with whom Rex E. Lee, Asst. Atty. Gen., Washington, D. C., James N. Gabriel, U. S. Atty., Boston, Mass., William J. Kilberg, Sol. of Labor, Alvin Bramow, Acting Associate Sol. Gen., Legal Services, John R. Garson, Counsel for International Affairs, Anna Holmberg, Atty., Dept. of Labor, and Ronald R. Glancz, Dept. of Justice, Civ. Div., Appellate Section, Washington, D. C., were on brief, for petitioner, appellant.

Gunter von Conrad, Washington, D. C., with whom James H. Lundquist, H. Henning Vent and Barnes, Richardson & Colburn, Washington, D. C., were on brief, for respondent, appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and GIGNOUX, District Judge.

COFFIN, Chief Judge.

This appeal presents the somewhat bizarre case of an employer attempting to terminate a procedure which could result in substantial benefits to many of its present and former employees by standing piously on a Congressional directive for expedition. This suit began when the Secretary of Labor filed a complaint under § 249 of the Trade Act of 1974 to enforce a subpoena that ordered Whitin Machine...

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