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TEXAS DEPT. OF COMMERCE v. U.S. DEPT. OF LABOR

No. 97-60018.

137 F.3d 329 (1998)

TEXAS DEPARTMENT OF COMMERCE; Texas Workforce Commission, Petitioners, v. UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Fifth Circuit.

March 31, 1998.

Attorney(s) appearing for the Case

John Matthew Hohengarten, Asst. Atty. Gen., Jennifer Cook Pointer, Austin, TX, for Petitioners.

Vincent Charles Costantino, Annaliese Impink, U.S. Dept. of Labor, Employment and Legal Services, Washington, DC, Harry A. Sheinfeld, Washington, DC, J. Davitt McAteer, U.S. Dept. of Labor, Office of Solicitor, Washington, DC, for Respondent.

Before WISDOM, HIGGINBOTHAM and STEWART, Circuit Judges.

WISDOM, Senior Circuit Judge:

The Texas Department of Commerce (Texas Commerce) petitions this Court to review the final decision of the United States Department of Labor (DOL) disallowing $617,171 in expenditures claimed under the Job Training Partnership Act (JTPA)1 for the grant years of 1989, 1990, and 1991. We find that the DOL failed to establish a prima facie case that Texas Commerce spent JTPA funds unlawfully. We reverse...

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