MAYOR'S OFFICE OF EMPLOY. AND TRAINING v. U.S. DEPT. OF LABOR

Nos. 84-2433, 84-3156.

775 F.2d 196 (1985)

MAYOR'S OFFICE OF EMPLOYMENT AND TRAINING, CITY OF CHICAGO and City of Chicago, Petitioners, v. UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided October 17, 1985.


Attorney(s) appearing for the Case

Philip L. Bronstein, Acting Chief Asst. Corp. Counsel, Sharon Baldwin, Asst. Corp. Counsel, James D. Montgomery, Corp. Counsel, Chicago, Ill., for petitioners.

William Hall Walker, Office of Sol., U.S. Dept. of Labor, Washington, D.C., for respondent.

Before COFFEY and EASTERBROOK, Circuit Judges, and GRANT, Senior District Judge.


COFFEY, Circuit Judge.

The City of Chicago petitions this court to review two decisions of the administrative law judge ("ALJ") concerning the failure of the Department of Labor ("DOL") to comply with the 120-day time limit set forth in 29 U.S.C. § 816(b). In both of his decisions, the ALJ determined that the failure of the DOL to render its "final determination" within the 120-day time limit did not constitute a jurisdictional bar. Thus, the DOL was not prevented...

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