CRUZ v. BROCK

No. 85-1375.

778 F.2d 62 (1985)

The Honorable Alejandro CRUZ, Jr., et al., Petitioners, v. Honorable William E. BROCK, Secretary of Labor of the United States, Respondent.

United States Court of Appeals, First Circuit.

Decided December 2, 1985.


Attorney(s) appearing for the Case

Stephen Sale with whom Fehrenbacher, Sale, Fudesco & Quinn, P.C., Washington, D.C., Thomas F. Holt, Jr., and DiCara, Selig, Sawyer & Holt, Boston, Mass., were on brief for petitioners.

William S. Rhyne, Asst. Counsel for Litigation, U.S. Dept. of Labor, Office of the Sol., 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 respondent.

Before COFFIN and BREYER, Circuit Judges, and TIMBERS, Senior Circuit Judge.


BREYER, Circuit Judge.

Petitioners, the mayors of three municipalities in Puerto Rico, ask us to set aside a Federal Department of Labor determination that their towns are not big enough to qualify automatically as "Service Delivery Areas" (SDA) under the Job Training Partnership Act (JTPA). 29 U.S.C. § 1511 (1982). All parties agree that Puerto Rico's governor must certify the three-town "consortium" as an SDA if it contains an "aggregate population of 200,000...

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