COUNTY OF LOS ANGELES, CAL. v. MARSHALL

Nos. 77-2138, 78-1142, 78-1232, 78-1275 and 78-1311.

631 F.2d 767 (1980)

The COUNTY OF LOS ANGELES, CALIFORNIA, a Political Subdivision of the State of California et al., Appellants, v. The Honorable F. Ray MARSHALL, Secretary of Labor of the United States et al. The COUNTY OF LOS ANGELES, CALIFORNIA, a Political Subdivision of the State of California et al., Louisiana Municipal Association et al., Appellants, v. The Honorable F. Ray MARSHALL, Secretary of Labor of the United States et al., (two cases). The COUNTY OF LOS ANGELES, CALIFORNIA, a Political Subdivision of the State of California, the State of South Carolina, the State of Alaska et al., Appellants, v. The Honorable F. Ray MARSHALL, Secretary of Labor of the United States et al. The COUNTY OF LOS ANGELES, CALIFORNIA, a Political Subdivision of the State of California, the State of South Carolina, the State of Alaska et al., the State of Utah, Appellant, v. The Honorable F. Ray MARSHALL, Secretary of Labor of the United States et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 19, 1980.

Certiorari Denied October 6, 1980.


Attorney(s) appearing for the Case

William S. Rhyne, Washington, D. C., with whom Charles S. Rhyne, Martin W. Matzen and David V. Anthony, Washington, D. C., were on the brief, for appellants, County of Los Angeles et al.

Calvin L. Rampton, Salt Lake City, Utah, a member of the bar of the Supreme Court of Utah, was allowed to argue (pro hac vice), for appellants, County of Los Angeles et al.

Robert T. Duffy, Atty., Dept. of Justice, Washington, D. C., with whom M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews and Leonard J. Henzke, Jr., Attys., Dept. of Justice, Washington, D. C., were on the brief for appellee, Dept. of Justice.

George Kaufman, Washington, D. C., with whom were on the brief, Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Mich., E. J. Setlock, Asst. Atty. Gen., Detroit, Mich., for the State of Mich., A. L. Zwerdling, Janet Kohn, Washington, D. C., for A.F.S.C.M.E., J. Albert Woll, Gen. Counsel, AFL-CIO, Laurence Gold, Sp. Counsel, AFL-CIO, Edward J. Hickey, Jr., Gen. Counsel, Public Emp. Dept., AFL-CIO, Washington, D. C., for the AFL-CIO.

Donald A. Carr, Peter B. Archie, Michael A. Nemeroff, Frederick Simpich, Thomas A. Shannon, August W. Steinhilber, Washington, D. C., and John J. Gunther, were on the brief, for amici curiae of the International City Management Ass'n, National Ass'n of Counties, National Ass'n of Towns and Townships, National League of Cities, National School Boards Ass'n, and the U.S. Conference of Mayors, in support of the position of appellant, County of Los Angeles, et al.

Frederick Simpich, Thomas A. Shannon and August W. Steinhilber, Washington, D. C., were on the brief for International Personnel Management Ass'n and Nat. School Boards Ass'n as amicus curiae.

Before McGOWAN, LEVENTHAL and ROBB, Circuit Judges.


Certiorari Denied October 6, 1980. See 101 S.Ct. 113.

Opinion PER CURIAM.

PER CURIAM:

In these consolidated appeals a number of states and political subdivisions have challenged, on constitutional grounds, the failure of the District Court to afford them the injunctive and declaratory relief sought by them with respect to the 1976 amendments to the Federal Unemployment Tax Act (FUTA). These amendments extended the reach of that Act to the employees...

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