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INLAND MANPOWER ASS'N v. U.S. DEPT. OF LABOR

No. 88-7260.

882 F.2d 343 (1989)

INLAND MANPOWER ASSOCIATION, a California public entity exercising joint powers, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Ninth Circuit.

Memorandum June 28, 1989.

Order and Opinion August 8, 1989.

Attorney(s) appearing for the Case

Paul S. Mordy, Deputy County Counsel, San Bernardino, Cal., for petitioner.

Charles F. James, Attorney, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., for respondent.

Before FARRIS, THOMPSON and TROTT, Circuit Judges.

FARRIS, Circuit Judge:

The facts are not in dispute. We review de novo the legal question whether proceedings to recoup misspent CETA funds are barred if not brought before September 30, 1984. See United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.1984). Whether proceedings were brought before September 30, 1984 is a mixed question of fact and law in which the legal issues predominate. We review such questions de novo...

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