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UNIROYAL, INC. v. MARSHALL

No. 77-1970.

579 F.2d 1060 (1978)

UNIROYAL, INC., Plaintiff-Appellant, v. F. Ray MARSHALL, Secretary of the Department of Labor, and Weldon J. Rougeau, Deputy Assistant Secretary and Director of the Office of Federal Contract Compliance Programs, and Cecil D. Andrus, Secretary of the Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 5, 1978.

Attorney(s) appearing for the Case

Harry N. Turk, New York City, for plaintiff-appellant.

Deborah M. Seymour, Atty. of Civ. Rights Div., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before PELL and BAUER, Circuit Judges, and MARSHALL, District Judge.

MARSHALL, District Judge.

In this appeal, we are asked to decide whether Executive Order 11246, which prohibits discriminatory employment practices by all government contractors, grants sufficient rulemaking authority to the Department of Labor to permit the use of pre-hearing discovery techniques and administrative subpoenas in administrative enforcement proceedings. Appellant Uniroyal, Inc., brought this collateral pre-enforcement action in the district court challenging...

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