FRANKLIN COUNTY EMP. & TRAINING ADMIN. v. DONOVAN

No. 300, Docket 82-4057.

707 F.2d 41 (1983)

FRANKLIN COUNTY EMPLOYMENT AND TRAINING ADMINISTRATION, Petitioner, v. James DONOVAN, Secretary of Labor, United States Department of Labor, Respondent.

United States Court of Appeals, Second Circuit.

Decided April 28, 1983.


Attorney(s) appearing for the Case

Richard H. Edwards, Franklin County Atty., Malone, N.Y. (James P. Bessette, Malone, N.Y., of counsel), for petitioner.

Harry Sheinfeld, Counsel for Lit., U.S. Dept. of Labor, Washington, D.C. (Frank P. Buckley, Atty., U.S. Dept. of Labor, T. Timothy Ryan, Jr., Sol. of Labor, William H. DuRoss, III, Associate Sol. for Employment and Training, U.S. Dept. of Labor, Washington, D.C., of counsel), for respondent.

Joan E. Donoghue, Washington, D.C. (Robert N. Sayler, John E. Heintz, Karen H. Rothenberg, Covington & Burling, Washington, D.C., of counsel), for amici curiae National Ass'n of Counties; National League of Cities; U.S. Conference of Mayors; American Public Welfare Ass'n; Nat. Council of Local Public Welfare Administrators; City of Stockton, Cal.; County of Los Angeles, Cal.; County of Onslow, N.C.; City of Portland, Or.; City and County of San Francisco, Cal.; City of Boston, Mass.; Broward Employment and Training Admin.; State of Me.; State of N.C.; City of Seattle, Wash.; Com. of Mass. Dept. of Manpower Development; City of San Jose, Cal.; and County of Cumberland, N.C.

Before OAKES and WINTER, Circuit Judges, and MacMAHON, District Judge.


WINTER, Circuit Judge:

Franklin County Employment and Training Administration ("Franklin County") petitions for a review of a decision by the Secretary of Labor that excessive workers' compensation premiums were paid to the county's Self Insurance Plan ("SIP") from funds provided under the Comprehensive Employment and Training Act of 1973 ("CETA"), 29 U.S.C. §§ 801-992 (1976). The Secretary ordered Franklin County to refund from non-CETA funds $38,132.55...

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