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N.C. COM'N OF INDIAN AFFAIRS v. U.S. DEPT. OF LABOR

Nos. 82-1936(L), 83-1079 and 83-1161.

725 F.2d 238 (1984)

NORTH CAROLINA COMMISSION OF INDIAN AFFAIRS, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent. National Association of Counties; National League of Cities; United States Conference of Mayors; American Public Welfare Association; National Council of Local Public Welfare Administrators; City of Stockton, California; County of Los Angeles, California; County of Onslow, North Carolina; City of Portland, Oregon; City of Boston, Massachusetts; Broward Employment and Training Administration; State of Maine; Franklin County, New York, Employment and Training Administration; Alameda County Training and Employment Board; City of San Jose, California; Memphis and Shelby County, Tennessee, Consortium; City of Bridgeport, Connecticut; City of Camden, New Jersey; Toledo Area Consortium; City of Los Angeles, California; City of Detroit, Michigan; and State of Vermont, Amici Curiae. NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent. WILSON COUNTY and Wilson County Technical Institute, Petitioners, v. UNITED STATES DEPARTMENT OF LABOR and North Carolina Department of Natural Resources and Community Development, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided January 12, 1984.

Attorney(s) appearing for the Case

Elizabeth Anania, Nashville, Tenn. (Rufus L. Edmisten, Atty. Gen., Daniel McLawhorn, Raleigh, N.C., on brief), George A. Weaver, L.H. Gibbons, Wilson, N.C. (Carr, Gibbons, Cozart & Jones, Wilson, N.C., on brief), for petitioners.

Steven J. Mandel, Jane C. Snell, Washington, D.C. (Francis X. Lilly, Deputy Solicitor, William H. DuRoss, III, Associate Sol. for Employment and Training, Harry L. Sheinfeld, Counsel for Litigation, E. Kathleen Shahan, Washington, D.C., on brief), for respondent.

Robert N. Sayler, John E. Heintz, Karen H. Rothenberg, Joan E. Donoghue, Covington & Burling, Washington, D.C., on brief, for amici curiae.

Before ERVIN and CHAPMAN, Circuit Judges and BUTZNER, Senior Circuit Judge.

CHAPMAN, Circuit Judge:

The principal issue in this appeal by the North Carolina Commission of Indian Affairs (Commission) and the North Carolina Department of Natural Resources and Community Development (Department) (collectively, North Carolina or the State) is whether the Secretary of Labor may order repayment of $135,611.77 in misspent funds under the Comprehensive Employment and Training Act of 1973, Pub.L. 93-203, 87 Stat. 839, 29 U.S.C. § 801 et seq...

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