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INTER-TRIBAL COUNCIL v. UNITED STATES

No. 82-7003.

701 F.2d 770 (1983)

INTER-TRIBAL COUNCIL OF NEVADA, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided January 12, 1983.

Attorney(s) appearing for the Case

Donald K. Pope, Reno, Nev., for petitioner.

Steven Mandel, Washington, D.C., for respondent.

Before DUNIWAY, FLETCHER, and BOOCHEVER, Circuit Judges.

PER CURIAM:

At the hearing before the Administrative Law Judge (ALJ), the Petitioner, Inter-Tribal Council of Nevada (ITC), failed to raise the issue of the Secretary of Labor's authority to secure recoupment of allegedly misspent funds granted under the Comprehensive Employment and Training Act of 1973 (CETA).

Moreover, the issue was not set forth, as required, or even suggested in the prehearing statement filed by ITC. The issue was not brought up at the...

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