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TAYLOR-CALLAHAN-COLEMAN COUNTIES v. DOLE

No. 91-1109.

948 F.2d 953 (1991)

TAYLOR-CALLAHAN-COLEMAN COUNTIES DISTRICT ADULT PROBATION DEPARTMENT, Plaintiff-Appellant, v. Elizabeth DOLE, Secretary of Labor, United States Department of Labor, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 18, 1991.

Attorney(s) appearing for the Case

Bettye S. Springer, Sheila B. Gladstone, Haynes & Boone, Fort Worth, Tex., for plaintiff-appellant.

Randell P. Means, Asst. U.S. Atty., Marvin Collins, U.S. Atty., Fort Worth, Tex., Nathaniel I. Spiller, Sr. Appellate Atty., U.S. Dept. of Labor, Allen Feldman, Steven J. Mandel, Washington, D.C., for defendant-appellee.

Before CLARK, Chief Judge, JONES, Circuit Judge, and PARKER, District Court Judge.

CLARK, Chief Judge:

I.

The district court dismissed for lack of subject matter jurisdiction this action by Taylor-Callahan-Coleman Counties District Adult Probation Department (the District) seeking a declaratory judgment and injunctive relief against the United States Department of Labor (DOL). The District alleged that the DOL violated the Administrative Procedures Act, 5 U.S.C. § 501 et seq. (APA), and the Fifth Amendment to the United States Constitution...

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