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STATE EX REL. BAXLEY v. UNITED STATES LABOR DEPT.

Civ. A. No. 78-162-N.

463 F.Supp. 652 (1979)

STATE of Alabama ex rel. William J. BAXLEY et al., Plaintiffs, v. UNITED STATES LABOR DEPARTMENT, and Raymond Marshall, as Secretary of the United States Labor Department, Defendants.

United States District Court, D. Alabama, N. D.

January 2, 1979.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen. and John N. Pappanastos, Special Asst. Atty. Gen., Montgomery, Ala., for plaintiffs.

Barry E. Teague, U. S. Atty. and Kenneth E. Vines, Asst. U. S. Atty., M. D. Alabama, Montgomery, Ala. and Harry Scheinfeld, U. S. Dept. of Labor, Washington, D. C., for defendants.

MEMORANDUM OPINION

JOHNSON, Chief Judge.

By this action, plaintiffs seek declaratory and injunctive relief to compel the continued payment from federal funds of employer retirement contributions for participants in the Comprehensive Employment Training Act (CETA). Plaintiffs specifically seek a declaration that the regulation prohibiting such payments from federal funds is arbitrary and capricious and in violation of the Fifth Amendment. 29 C.F.R. §...

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