BENTIVEGNA v. UNITED STATES DEPT. OF LABOR

No. 81-7651.

694 F.2d 619 (1982)

Philip BENTIVEGNA, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent, and City of Los Angeles, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Decided December 13, 1982.


Attorney(s) appearing for the Case

David Pettit, Venice, Cal., for petitioner.

James A. Henry, Dept. of Labor, Washington, D.C., argued, for respondent; Joanne Tierstein, U.S. Dept. of Labor, Washington, D.C., on brief.

Before ANDERSON, FERGUSON, and NELSON, Circuit Judges.


NELSON, Circuit Judge:

We review the decision of the Secretary of the Department of Labor for the United States declining to award back pay to petitioner, Philip Bentivegna. For the reasons set forth below, we reverse.

I. FACTS AND PROCEDURAL CONTEXT

The City of Los Angeles (City) hired Bentivegna as a "building repairer" in late August, 1977, through the Comprehensive Employment and Training Act (CETA) program. 29 U.S.C. §§ 801-999 (1976...

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