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CITY OF PINE BLUFF, ARK. v. U.S. DEPT. OF LABOR

No. 80-1905.

658 F.2d 577 (1981)

CITY OF PINE BLUFF, ARKANSAS, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, F. Ray Marshall, Secretary, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided September 1, 1981.

Attorney(s) appearing for the Case

Byron Freeland, argued, Mitchell, Williams, Gill & Selig, Little Rock, Ark., for petitioner.

Alfred G. Albert, Acting Sol. of Labor, Nathaniel Baccus, III, Associate Sol., Jonathan H. Waxman, Counsel for Litigation, E. Kathleen Shahan, Atty., U. S. Dept. of Labor, Washington, D. C., for respondent.

Before HENLEY and McMILLIAN, Circuit Judges, and COLLINSON, Senior District Judge.

HENLEY, Circuit Judge.

The City of Pine Bluff, Arkansas petitions for review of a decision of the Secretary of Labor holding that petitioner violated 29 C.F.R. §§ 98.26 and 98.45, and ordering reinstatement and back pay for City employee Vivian Jones. Specifically, the Administrative Law Judge made findings of fact and conclusions of law as follows:

1. Vivian Jones was employed by the City of Pine Bluff, Arkansas, under Title VI of the CETA Program...

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