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MILLER v. DONOVAN

Court No. 81-7-00855.

620 F.Supp. 712 (1985)

Gene R. MILLER, President, United Transportation Union Local 887, Plaintiff, v. Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Defendant.

United States Court of International Trade.

September 26, 1985.

Attorney(s) appearing for the Case

Collins, Collins & Dinardo, P.C., Buffalo, N.Y. (Michael H. Doran, Buffalo, N.Y., on the brief), for plaintiff.

Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Washington, D.C. (Shiela N. Ziff, Washington, D.C., on the motion), for defendant.

RE, Chief Judge:

In this action, plaintiff, on behalf of former employees of the Butte, Anaconda & Pacific Railway Company, seeks review of a final determination by the Secretary of Labor which denied certification of eligibility for benefits under the worker adjustment assistance program of the Trade Act of 1974, tit. II, §§ 221-249, 284, 19 U.S.C. §§ 2271-2321, 2395 (1982). Specifically, the Secretary found that the workers were not eligible...

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