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SOUTHEAST AIRLINES v. SECRETARY OF LABOR

Slip Op. 11-59, Court No. 09-00522.

774 F.Supp.2d 1333 (2011)

FORMER EMPLOYEES OF SOUTHEAST AIRLINES, Plaintiff, v. UNITED STATES SECRETARY OF LABOR, Defendant.

United States Court of International Trade.

May 26, 2011.

Attorney(s) appearing for the Case

Sidley Austin, LLP ( Neil R. Ellis , Jill Caiazzo ), Washington, DC, for Former Employees of Southeast Airlines, plaintiff.

Tony West , Assistant Attorney General; Jeanne E. Davidson , Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, Patricia M. McCarthy , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, ( Jacob A. Schunk ); Jonathan Hammer , Office of the Solicitor, United States Department of Labor, of Counsel, for the United States Department of Labor, defendant.

OPINION

TSOUCALAS, Senior Judge:

Plaintiffs, Former Employees of Southeast Airlines ("the Former Employees"), move pursuant to USCIT R. 56.1 for judgment upon the agency record or, alternatively, a remand for further investigation. The Former Employees challenge the United States Department of Labor's ("Labor") determinations denying them eligibility for certification of Trade Adjustment Assistance ("TAA") under the Trade Act of 1974, tit. II, §...

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