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CLEMENTSON v. BROCK

No. 85-1989.

806 F.2d 1402 (1986)

David B. CLEMENTSON, Plaintiff-Appellant, v. William E. BROCK, Secretary of Labor of the United States, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 29, 1986.

Attorney(s) appearing for the Case

Ted Gamble Clause, Honolulu, Hawaii, for plaintiff-appellant.

Jeffrey Hennemuth, Atty., U.S. Dept. of Labor, Washington, D.C., for defendant-appellee.

Before CHAMBERS, KENNEDY, and HALL, Circuit Judges.

KENNEDY, Circuit Judge:

The issue in this case is whether a decision of the Secretary of Labor to forego enforcement action under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (VEVRA), as amended, 38 U.S.C. §§ 2011-2014, is subject to judicial review. Applying the principles announced in Heckler v. Chaney, 470 U.S. 821, 105 S.Ct. 1649, 84 L.Ed.2d 714 (1985), we conclude that such a decision is committed...

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