BOARD OF SUP'RS OF HENRICO CTY., VA. v. MILLER

No. 79-1788.

625 F.2d 1137 (1980)

BOARD OF SUPERVISORS OF HENRICO COUNTY, VIRGINIA, Appellee, v. G. William MILLER, Secretary of the Treasury; and Director, Office of Revenue Sharing, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 10, 1980.


Attorney(s) appearing for the Case

Katherine S. Gruenheck, App. Staff, Civil Division, Dept. of Justice, Washington, D.C. (Alice Daniel, Asst. Atty. Gen., E. Montgomery Tucker, Acting U. S. Atty., Eloise Davies, App. Staff, Civil Division, Dept. of Justice, Washington, D.C., on brief), for appellants.

Myron C. Smith, Fairfax, Va. (Robert C. Fitzgerald, Fitzgerald & Smith, P.C., Fairfax, Va., on brief), for appellee.

Before BUTZNER and HALL, Circuit Judges, and KIDD, District Judge.


K. K. HALL, Circuit Judge:

This appeal presents the question whether the Secretary of the Treasury and his agent, the Director of Revenue Sharing, acted arbitrarily and capriciously in determining the entitlement of Henrico County, Virginia, under the State and Local Government Financial Assistance Act of 1972, 31 U.S.C. § 1221 et seq. In June 1976, Henrico County filed a Petition for Mandatory Injunction, alleging that the method used by the Secretary...

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