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LEHIGH VALLEY MANPOWER PROGRAM v. DONOVAN

No. 82-3184.

718 F.2d 99 (1983)

LEHIGH VALLEY MANPOWER PROGRAM, Petitioner, v. Raymond J. DONOVAN, Secretary of Labor, U.S. Department of Labor, Respondent.

United States Court of Appeals, Third Circuit.

Decided October 4, 1983.

Rehearing and Rehearing Denied November 30, 1983.

Attorney(s) appearing for the Case

Edward H. Feege, Hayes & Feege, P.C., Allentown, Pa., for petitioner.

Robert N. Sayler, John E. Heintz, Karen H. Rothenberg, Joan E. Donoghue, T. Timothy Ryan, Jr., Sol. of Labor, William H. DuRoss, III, Associate Sol. for Employment and Training, James P. Marion, Jr., Deputy Associate Sol. for Employment and Training Covington & Burling, Washington, D.C., for amici curiae Nat. Ass'n of Counties, Nat. League of Cities, U.S. Conference of Mayors, et al.

Harriet A. Gilliam, U.S. Dept. of Labor, Washington, D.C., for respondent.

Before SEITZ, Chief Judge, and WEIS and BECKER, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) March 1, 1983.

Rehearing and Rehearing En Banc Denied November 30, 1983.

OPINION OF THE COURT

WEIS, Circuit Judge.

On this appeal we conclude that the Secretary of Labor has authority to seek reimbursement for misapplication of CETA funds. However, since in this case he failed to observe time limits established by his own regulation for processing claims against municipal grantees, recovery is barred...

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