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EASTERN BAND OF CHEROKEE INDIANS v. DONOVAN

No. 83-1416.

739 F.2d 153 (1984)

EASTERN BAND OF CHEROKEE INDIANS, Appellant, v. Raymond J. DONOVAN, Secy. of Dept. of Labor; David T. Copenhafer, Acting Dir., Office of Special Targeted Programs, DOL; William J. Kacvinsky, Dir., Bur. of Apprenticeship Training; Herbert Fellman, Div. Chief, Indian Native American Programs and United States Department of Labor, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 17, 1984.

Attorney(s) appearing for the Case

Ben Oshel Bridgers, Sylva, N.C. (Holt, Haire, Bridgers & Bryant, P.A., Sylva, N.C., on brief), for appellant.

Kenneth D. Bell, Winston Salem, N.C. (Charles R. Brewer, U.S. Atty., Max O. Cogburn, Jr., Asst. U.S. Atty., Asheville, N.C., on brief), for appellees.

Before WINTER, Chief Judge, MURNAGHAN and CHAPMAN, Circuit Judges.

CHAPMAN, Circuit Judge:

This controversy arises from a dispute between the Eastern Band of Cherokee Indians (Tribe), a recipient of federal funds under the Comprehensive Employment and Training Act of 1973 (CETA) as amended, 29 U.S.C. § 801 et seq. (1978)1 (CETA or the Act) and the Department of Labor of the United States (DOL or the Department), concerning the interpretation of an...

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