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ACTION, INC. v. DONOVAN

No. 84-1826.

789 F.2d 1453 (1986)

ACTION, INC., Petitioner, v. Raymond J. DONOVAN, Secretary, United States Department of Labor, Respondent.

United States Court of Appeals, Tenth Circuit.

April 30, 1986.

Attorney(s) appearing for the Case

James L. Feldesman and Ronald Kreisman of Boasberg, Klores, Feldesman & Tucker, Washington, D.C., for petitioner.

Vincent Costantino, Office of the Solicitor, Dept. of Labor, Washington, D.C. (Francis X. Lilly, Sol. of Labor, William H. DuRoss, III, Associate Sol. for Employment and Training, and Harry L. Sheinfeld, Counsel for Litigation with him on the briefs), for respondent.

Before HOLLOWAY, Chief Judge, MOORE and TACHA, Circuit Judges.

TACHA, Circuit Judge.

This is an appeal from a decision of the Secretary of Labor holding that Action, Inc. (Action) improperly expended Comprehensive Employment and Training Act (CETA) funds. Although CETA has been repealed, jurisdiction is conferred on this court by 29 U.S.C. § 1591(e), which continues the grant of jurisdiction originally conferred by 29 U.S.C. § 817(a) (repealed 1982).1 The decision of the Secretary is

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