NATIONAL BANK OF COMMERCE v. MARSHALL

No. 77-3060.

628 F.2d 474 (1980)

NATIONAL BANK OF COMMERCE OF SAN ANTONIO, Plaintiff-Appellee, v. F. Ray MARSHALL, Secretary of Labor, and G. William Miller, Secretary of the Treasury, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 22, 1980.


Attorney(s) appearing for the Case

Jamie C. Boyd, U.S. Atty., San Antonio, Tex., John C. Hammock, Vincent F. O'Rourke, Jr., Atty., Walter W. Barnett, Drew S. Days, III, Asst. Atty. Gen., Civil Rights, App. Sec., Dept. of Justice, Washington, D.C., for defendants-appellants.

Terry S. Bickerton, J. Burleson Smith, San Antonio, Tex., for plaintiff-appellee.

Before WISDOM, TJOFLAT and REAVLEY, Circuit Judges.


TJOFLAT, Circuit Judge:

Plaintiff, a federal contractor, brought a declaratory judgment action challenging certain Labor Department regulations which might require it to adopt an affirmative action program. At the time plaintiff filed the action, an administrative review of plaintiff's compliance with the regulations was proceeding. The district court, invoking the exhaustion of administrative remedies doctrine, decided to let the administrative process run its full...

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