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GOTTLIEB v. PEÑA

Nos. 93-5182, 93-5183.

41 F.3d 730 (1994)

Hyman G. GOTTLIEB, Appellee, v. Federico F. PEÑA, Secretary of Transportation, Appellant. Robert L. GAZLAY, Appellee, v. Federico F. PEÑA, Secretary of Transportation, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 6, 1994.

Attorney(s) appearing for the Case

R. Craig Lawrence, Asst. U.S. Atty., Washington, DC, argued the cause for appellant. With him on the briefs were Eric H. Holder, Jr., U.S. Atty., John D. Bates and Thomas S. Rees, Asst. U.S. Attys., Paul M. Geier, Asst. Gen. Counsel, Dale C. Andrews, Deputy Asst. Gen. Counsel, and Peter M. Plocki, Atty., U.S. Dept. of Transp., Washington, DC.

Eugene R. Fidell, Washington, DC, argued the cause and filed the brief for appellees.

Before: SILBERMAN, BUCKLEY, and ROGERS, Circuit Judges.

Opinion for the court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The principal issue in these appeals is whether the statutory ten-month period for final action on applications for correction of Coast Guard records is directory or mandatory.1 The Secretary of Transportation appeals from the grants of summary judgment to appellees Hyman G. Gottlieb and Robert L. Gazlay, on the ground that the district courts disregarded...

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