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INTERN. UNION, UNITED AUTO., AEROSPACE v. DONOVAN

Nos. 83-1918, 83-2082.

746 F.2d 855 (1984)

INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, et al. v. Raymond J. DONOVAN, Secretary of the United States Department of Labor, Appellant. INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, et al., Appellants, v. Raymond J. DONOVAN, Secretary of the United States Department of Labor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 23, 1984.

Attorney(s) appearing for the Case

Linda Jan S. Pack, Atty., Dept. of Justice, Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., and William Kanter, Atty., Dept. of Justice, Washington, D.C., were on the brief, for Donovan, Secretary of the U.S. Dept. of Labor, appellant in No. 83-1918 and cross-appellee in No. 83-2082.

Michael Rubin, San Francisco, Cal., with whom Leonard Page, Detroit, Mich., Stephen P. Berzon, San Francisco, Cal., and Wendy Kahn, Washington, D.C., were on the brief, for Intern. Union, United Auto., Aerospace & Agricultural Implement Workers of America, et al., appellees in No. 83-1918 and cross-appellants in No. 83-2082. A.L. Zwerdling and Stephen I. Schlossburg, Washington, D.C., also entered appearances for Intern. Union, United Auto., Aerospace & Agricultural Implement Workers of America.

Before SCALIA and STARR, Circuit Judges, and GESELL, District Judge of the United States District Court for the District of Columbia.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

This case presents two issues pertaining to retraining benefits for workers adversely affected by foreign competition, provided by the Trade Act of 1974: whether, when Congress provided a $3.7 billion lump-sum appropriation to the Department of Labor's Employment and Training Administration, "for expenses necessary to carry into effect" the Trade Act training program and four other...

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