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AMALGAMATED TRANSIT UNION, AFL-CIO v. BROCK

No. 84-5623.

809 F.2d 909 (1987)

AMALGAMATED TRANSIT UNION, AFL-CIO, et al., Appellants, v. William BROCK, Secretary of Labor, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided January 20, 1987.

As Amended January 20, 1987.

Attorney(s) appearing for the Case

Jeffrey Freund, with whom Earle W. Putnam, Laurence Gold, Washington, D.C., and Linda R. Hirshman, Chicago, Ill., were on the brief for appellants. Michael H. Gottesman, Washington, D.C., also entered an appearance for appellants.

John Oliver Burch, Asst. U.S. Atty., Washington, D.C., for appellee. Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, R. Craig Lawrence, Robert C. Seldon, Asst. U.S. Attys., and Nathaniel I. Spiller, Atty., Dept. of Labor, Washington, D.C., were on the brief for appellees.

Bruce M. Smith, Memphis, Tenn., was on the brief for amicus curiae, Memphis Area Transit Authority, urging affirmance.

R. Michael Lowenbaum, St. Louis, Mo., was on the brief for amicus curiae, Bi-State Development Agency of the Missouri-Illinois Metropolitan Dist., urging affirmance.

George M. Derryberry, Chattanooga, Tenn., was on the brief for amicus curiae, Chattanooga Area Regional Transit Authority, urging affirmance.

Before BORK and BUCKLEY, Circuit Judges, and OBERDORFER, District Judge.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

The Urban Mass Transportation Act of 1964 ("UMTA" or "the Act") authorizes the Secretary of Transportation to award federal funds to a formerly private, but presently publicly-owned, transit system only if the Secretary of Labor ("the Secretary") certifies that "fair and equitable arrangements" have been made "to protect the interests of employees affected by such assistance." 49 U.S.C...

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