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PALUCA v. SECRETARY OF LABOR (TWO CASES)

Nos. 86-1548, 86-1549.

813 F.2d 524 (1987)

Francis Daniel PALUCA, et al., Plaintiffs, Appellees, v. SECRETARY OF LABOR, et al., Defendants, Appellants. Francis Daniel PALUCA, et al., Plaintiffs, Appellants, v. SECRETARY OF LABOR, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 12, 1987.

Attorney(s) appearing for the Case

Jeanne K. Beck, with whom George R. Salem, Solicitor of Labor, Allen H. Feldman, Associate Solicitor for Special Appellate and Supreme Court Litigation, and Carol A. De Deo, Deputy Associate Solicitor, Washington, D.C., were on brief, for Secretary of Labor.

Janet Steckel Lundberg, Boston, Mass., with whom Richard M. Bluestein and Krokidas & Bluestein, Boston, Mass., were on brief, for Francis Daniel Paluca, et al.

Before COFFIN, BOWNES and TORRUELLA, Circuit Judges.

TORRUELLA, Circuit Judge.

We are required to determine the scope of judicial review under the Federal Employees' Compensation Act ("FECA"). 5 U.S.C. §§ 8101 et seq. Specifically, we must consider whether Section 8128(b) of the FECA1 prohibits courts from reviewing policy or rulemaking decisions of the Secretary of Labor ("Secretary") for conformance to the FECA, and whether that provision divests courts of authority to...

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