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FIRST ALABAMA BANK OF MONTGOMERY v. DONOVAN

No. 81-7677.

692 F.2d 714 (1982)

FIRST ALABAMA BANK OF MONTGOMERY, N.A., a National Banking Association, Plaintiff-Appellee, v. Raymond J. DONOVAN, as Secretary of Labor of the United States, and Freeman C. Murray, as Administrative Law Judge of the Department of Labor of the United States, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 22, 1982.

Attorney(s) appearing for the Case

Frank W. Donaldson, U.S. Atty., Sharon Lovelace, Birmingham, Ala., David L. Rose, Atty., Isabelle M. Thabault, Walter W. Barnett, U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

R. Nachman, Jr., Steiner, Crum & Baker, Montgomery, Ala., for plaintiff-appellee.

Before VANCE and JOHNSON, Circuit Judges, and ALLGOOD, District Judge.

JOHNSON, Circuit Judge:

The question presented in this appeal concerns the validity of a decision of the Secretary of Labor terminating the government contracts of First Alabama Bank of Montgomery for its refusal to cooperate with a compliance review under Executive Order (E.O.) 11246, which prohibits discrimination by government contractors. The district court voided the Secretary's order, holding that the reasonableness requirement of the Fourth Amendment to the...

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