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BD. OF COUNTY COM'RS v. U.S. DEPT. OF LABOR

No. 85-1914.

805 F.2d 366 (1986)

BOARD OF COUNTY COMMISSIONERS OF ADAMS COUNTY, COLORADO, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 13, 1987.

Attorney(s) appearing for the Case

Franklin A. Nachman (Martin Semple, with him on briefs) of Semple & Jackson, Denver, Colo., for petitioner.

William S. Rhyne, Asst. Counsel for Litigation (George R. Salem, Deputy Sol. of Labor, William H. DuRoss, III, Associate Sol. for Employment and Training, and Harry L. Sheinfeld, Counsel for Litigation, with him on brief), U.S. Dept. of Labor, Washington, D.C., for respondent.

Before McKAY and ANDERSON, Circuit Judges, and JOHNSON, District Judge.

McKAY, Circuit Judge.

For a number of years, Adams County received funds from the Department of Labor under the Comprehensive Employment and Training Act (CETA). During the years 1975 to 1981, an employee of the County embezzled $301,922 from the CETA funds received by the County. Claiming that the County had misspent the funds, the Secretary of Labor sought to recover the $301,922 from the County. An administrative law judge (ALJ) granted the Secretary's motion for...

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