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MARTINEZ v. MARSHALL

No. 76-2644.

573 F.2d 555 (1977)

Kenneth R. MARTINEZ, etc., et al., Plaintiff-Appellee, v. F. Ray MARSHALL, successor to John T. Dunlop, Secretary, Department of Labor, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

As Amended January 12, 1978.

Attorney(s) appearing for the Case

Timothy H. McCarthy, Salinas, Cal., argued for plaintiff-appellee.

William T. McGivern, Jr., Asst. U. S. Atty., San Francisco, Cal., argued for defendants-appellants.

Before CHAMBERS and CHOY, Circuit Judges, and BONSAL, District Judge.

BONSAL, District Judge:

This is an appeal from an order of the United States District Court for the Northern District of California (Orrick, J.) granting summary judgment and class certification to plaintiff Martinez. The issue on appeal is whether the district court erred in holding that the Secretary of Labor (the "Secretary")1 exceeded his authority under the Emergency Jobs and Unemployment Assistance Act of 1974, Pub.L.No. 93-567,...

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