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CITY OF PHILADELPHIA v. U.S. DEPT. OF LABOR

No. 83-3005.

723 F.2d 330 (1983)

CITY OF PHILADELPHIA, Petitioner, v. U.S. DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Third Circuit.

Decided December 12, 1983.

Attorney(s) appearing for the Case

Marilyn Z. Kutler, City Sol., Reba C. Smallwood (argued), Deputy City Sol., City of Philadelphia Law Dept., Philadelphia, Pa., for petitioner.

Francis X. Lilly, Deputy Sol. of Labor, William H. DuRoss, III, Assoc. Sol., for Employment and Training.

Harry L. Sheinfeld, Counsel for Litigation, Lafayette S. Rose (argued), U.S. Dept. of Labor, Washington, D.C., for respondent.

Before ADAMS and BECKER, Circuit Judges, and NEWCOMER, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This proceeding requires us to determine whether the Secretary of Labor properly awarded backpay to two workers who allegedly were wrongfully furloughed by the City of Philadelphia while employed under the Comprehensive Employment and Training Act (CETA).1 Because it appears that the Administrative Law Judge (ALJ) misunderstood the legal standard for awarding backpay to CETA employees...

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