BATTERTON v. MARSHALL

No. 78-1414.

648 F.2d 694 (1980)

Richard A. BATTERTON, Secretary of Employment & Social Services of the State of Maryland, Appellant, v. F. Ray MARSHALL, Secretary of Labor, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 28, 1980.


Attorney(s) appearing for the Case

John K. Anderson, Asst. Atty. Gen., Baltimore, Md., member of the bar of the Supreme Court of Maryland pro hac vice by special leave of Court with whom Joel J. Rabin, Asst. Atty. Gen., Baltimore, Md., was on brief, for appellant.

Alice L. Mattice, Atty., Dept. of Justice, Washington, D.C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., and Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C., were on brief, for appellees. Mark N. Mutterperl, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for appellees.

Joel J. Rabin, Baltimore, Md., was on the brief for Amicus Curiae, Mayor and City Council of Baltimore, Maryland, supporting appellant's positions.

Before BAZELON, Senior Circuit Judge, ROBINSON, Circuit Judge, and VAN DUSEN, U.S. Circuit Judge for the Third Circuit.


Opinion for the Court filed by Senior Circuit Judge BAZELON.

BAZELON, Senior Circuit Judge:

This case poses the difficult but familiar problem of whether a particular agency action requires notice by publication and opportunity for comment by interested parties. The State of Maryland (Maryland)1 alleges that the Department of Labor (DOL) violated procedural requirements in changing its methods for determining unemployment rates...

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