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JOBS, TRAINING AND SERVICES, v. EAST TEX. COUNCIL

No. 93-5109.

50 F.3d 1318 (1995)

JOBS, TRAINING AND SERVICES, INC., et al., Plaintiffs-Appellees, v. EAST TEXAS COUNCIL OF GOVERNMENTS, et al., Defendants. EAST TEXAS COUNCIL OF GOVERNMENTS, Defendant-Cross Claim Plaintiff-Appellee, v. TEXAS DEPARTMENT OF COMMERCE, Defendant-Cross Defendant and Cross Claim Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF LABOR, Defendant and Cross Defendant-Appellee-Appellant.

United States Court of Appeals, Fifth Circuit.

April 17, 1995.

Attorney(s) appearing for the Case

John M. Hohengarten, Asst. Atty. Gen., Dan Morales, Atty. Gen., Finance Div., Austin, TX, for Tex. Dept. of Commerce.

Jeffrey C. Londa, Hutcheson & Grundy, Houston, TX, for Jobs, Training and Services, Inc. and ETET.

Sideny C. Capshaw, III, Brown, McCarroll & Oaks Hartline, Longview, TX, William N. Later, Chamberlain & Later, Portland, OR, for East Texas Council of Governments.

Robert M. Loeb, U.S. Dept. of Justice, Appellate Staff, William Kanter, Deputy Director, Washington, DC, for U.S. Dept. of Labor.

Before WISDOM, DeMOSS and STEWART, Circuit Judges.

DeMOSS, Circuit Judge:

This is an appeal from summary judgment granted in favor of plaintiffs in this declaratory judgment action. The principal issue is whether certain non-profit entities are entitled to keep (i) contractual revenues in excess of cost and (ii) interest income earned on federal funds dispersed to them under the Job Training Partnership Act (JTPA), 29 U.S.C. § 1501 et seq. (West 1985). There are three competing interests in this tug of war over...

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