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AMALGAMATED TRANSIT U.I., AFL-CIO v. DONOVAN

No. 84-5159.

767 F.2d 939 (1985)

AMALGAMATED TRANSIT UNION INTERNATIONAL, AFL-CIO, et al., Appellants, v. Raymond J. DONOVAN, Secretary of Labor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 9, 1985.

Attorney(s) appearing for the Case

Jeffrey R. Freund, Washington, D.C., with whom Linda R. Hirshman, Chicago, Ill., Earle W. Putnam and Laurence Gold, Washington, D.C., were on brief, for appellants.

Robert C. Seldon, Asst. U.S. Atty., Washington D.C., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., John F. Depenbrock, Associate Sol., Department of Labor, and Trudy B. Levy, Asst. Chief Counsel, Dept. of Transportation, Washington, D.C., were on brief, for appellee.

William T. Coleman, Donald T. Bliss and Robert W. Batchelder, Washington D.C., were on brief, for American Public Transit Ass'n, amicus curiae, urging affirmance.

Before EDWARDS and GINSBURG, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

Concurring statements filed by Circuit Judge GINSBURG and Senior Circuit Judge MacKINNON.

HARRY T. EDWARDS, Circuit Judge.

Section 13(c) of the Urban Mass Transportation Act of 1964 ("UMTA" or "the Act"), 49 U.S.C.App. § 1609(c) (1982), stipulates that, before federal funds may be awarded to a formerly private but presently publicly owned transit system, the Secretary of Labor must...

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