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STATE OF ME. v. UNITED STATES DEPT. OF LABOR

No. 85-1080.

770 F.2d 236 (1985)

STATE OF MAINE and Patricia M. McDonough, Commissioner, Maine Department of Labor, Petitioners, v. UNITED STATES DEPARTMENT OF LABOR, and Ford B. Ford, Under Secretary of Labor, Respondents. Penobscot Consortium, Intervenor.

United States Court of Appeals, First Circuit.

Decided August 9, 1985.

Attorney(s) appearing for the Case

Pamela W. Waite, Asst. Atty. Gen., Augusta, Me., with whom James E. Tierney, Atty. Gen., Augusta, Me., was on brief for petitioners.

Vincent C. Costantino, U.S. Dept. of Labor, Office of the Solicitor, Washington, D.C., with whom Francis X. Lilly, Sol. of Labor, William H. DuRoss, III, Associate Sol. for Employment and Training, and Harry L. Sheinfeld, Counsel for Litigation, Washington, D.C., were on brief for Secretary of Labor.

Noel H. Klores, Washington, D.C., with whom Klores, Feldesman & Tucker, Washington, D.C., was on brief for Penobscot Consortium.

Before CAMPBELL, Chief Judge, RUBIN and BREYER, Circuit Judges.

BREYER, Circuit Judge.

Maine's Department of Labor ("Maine Labor") and Penobscot Consortium both applied to the United States Department of Labor ("DOL") for a grant to provide job training for Maine's migrant and seasonal farmworkers. 29 U.S.C. § 1672. The DOL awarded the grant to Penobscot Consortium; its competitor (Maine Labor) here asks us to review DOL's decision, and, in effect, to set it aside. 29 U.S.C. § 1578. We decline to do so.

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