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SAN DIEGO REGIONAL EMPLOYMENT, ETC. v. MARSHALL

No. 78-3561.

633 F.2d 862 (1980)

SAN DIEGO REGIONAL EMPLOYMENT AND TRAINING CONSORTIUM, a public entity and subdivision of the State of California, Petitioner, v. Ray MARSHALL, United States Secretary of Labor; William J. Haltigan, Regional Administrator for Region IX of the Employment and Training Administration of the United States Department of Labor; United States Department of Labor, a governmental and administrative agency of the United States of America, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided December 8, 1980.

Attorney(s) appearing for the Case

John M. Kaheny (on brief), Arlene Prater, John K. Riess, Deputy City Attys., San Diego, Cal., for petitioner.

Judith S. Feigin, Asst. U. S. Atty., San Diego, Cal., argued for respondents; Peter W. Bowie, Asst. U. S. Atty., San Diego, Cal., on brief.

Before FLETCHER and CANBY, Circuit Judges, and SOLOMON, District Judge.

SOLOMON, District Judge:

The Department of Labor held that the San Diego Regional Employment and Training Consortium (Petitioner) violated the provisions of the Comprehensive Employment and Training Act (CETA), 29 U.S.C. Section 801 et seq. (1978). Petitioner seeks to have this Court review that decision asserting that the CETA provisions are unconstitutional and that the Department of Labor interpreted them incorrectly.

Petitioner is a consortium of...

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