Legal Opinion

Richard A. Batterton, Secretary of Employment & Social Services of the State of Maryland v. F. Ray Marshall, Secretary of Labor

Court of Appeals for the D.C. Circuit

Decided August 28, 1980No. 78-1414PublishedCited by 285 opinions

1Opinion of the Court

BAZELON, Senior Circuit Judge:

This case poses the difficult but familiar problem of whether a particular agency action requires notice by publication and opportunity for comment by interested parties. The State of Maryland (Maryland) 1 alleges that the Department of Labor (DOL) violated procedural requirements in changing its methods for determining unemployment rates while implementing the Comprehensive Employment and Training Act (CETA). 2 CETA, as enacted and as amended, created training and job programs with fund disbursements pegged to unemployment levels determined by DOL’s Bureau of…

2Cases cited38 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
  3. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  4. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  5. Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978

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3Cited by285 opinions

  1. Alessi v. Raybestos-Manhattan, Inc.Supreme Court of the United States · 1981
  2. State of Texas v. USACourt of Appeals for the Fifth Circuit · 2015
  3. Reymundo Mendoza v. Thomas PerezCourt of Appeals for the D.C. Circuit · 2014
  4. American Hospital Association v. Otis R. Bowen, Secretary, H.H.S.Court of Appeals for the D.C. Circuit · 1987
  5. In Re "Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1984

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