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Legal Opinion

W. J. Usery, Jr., Secretary of Labor v. Whitin MacHine Works, Inc.

Court of Appeals for the First Circuit

Decided May 11, 1977No. 76-1373PublishedCited by 32 opinions

1Opinion of the Court

COFFIN, Chief Judge.

This appeal presents the somewhat bizarre case of an employer attempting to terminate a procedure which could result in substantial benefits to many of its present and former employees by standing piously on a Congressional directive for expedition. This suit began when the Secretary of Labor filed a complaint under § 249 of the Trade Act of 1974 to enforce a subpoena that ordered Whitin Machine Works (Whitin) to furnish certain materials the Secretary needed to determine whether Whitin’s employees were eligible for worker adjustment assistance under § 222 of that Act, 19…

2Cases cited6 opinions

  1. Fed. Sec. L. Rep. P 94,017 Securities and Exchange Commission, and Cross-Appellant v. Brigadoon Scotch Distributing Co., and Cross-AppelleesCourt of Appeals for the Second Circuit · 1973
  2. Charles River Park "A", Inc. v. Department of Housing & Urban DevelopmentCourt of Appeals for the D.C. Circuit · 1975
  3. 13 Fair empl.prac.cas. 868, 12 Empl. Prac. Dec. P 11,208 Westinghouse Electric Corp. And Its Subsidiary, Fraser & Johnston Company v. James R. Schlesinger, Secretary, U. S. Department of Defense, Concerned Workers, Intervenor-Defendants. Westinghouse Electric Corporation and Its Subsidiary, Fraser & Johnston Co. v. James R. Schlesinger, Secretary, U. S. Department of Defense, Westinghouse Electric Corporation and Its Subsidiary, Fraser & Johnston Co. v. James R. Schlesinger, Secretary, U. S. Department of Defense, Concerned Workers, Westinghouse Electric Corp. And Its Subsidiary, Fraser & Johnston Company v. James R. Schlesinger, Secretary, U. S. Department of Defense, Concerned Workers, Intervenors-Appellants. Westinghouse Electric Corp. And Its Subsidiary, Fraser & Johnston Company v. James R. Schlesinger, Secretary, U. S. Department of Defense, Concerned Workers, Defendant-Intervenors. United States Steel Corporation v. James R. Schlesinger, Secretary, U. S. Department of Defense, United States Steel Corporation v. James R. Schlesinger, Secretary, U. S. Department of Defense, General Motors Corporation v. James R. Schlesinger, Secretary, U. S. Department of Defense, General Motors Corporation v. James R. Schlesinger, Secretary, U. S. Department of DefenseCourt of Appeals for the Fourth Circuit · 1976
  4. File Trade Commission v. Texaco, Inc.Court of Appeals for the D.C. Circuit · 1975
  5. Maryland Casualty Co. v. CardilloCourt of Appeals for the D.C. Circuit · 1938

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3Cited by32 opinions

  1. Rodriguez v. Superintendent, Bay State Correctional CenterCourt of Appeals for the First Circuit · 1998
  2. Philipp Bros., Inc. v. United StatesUnited States Court of International Trade · 1986
  3. St. Regis Mohawk Tribe, New York v. William E. Brock, Secretary of LaborCourt of Appeals for the Second Circuit · 1985
  4. Local 167, International Molders & Allied Workers' Union ex rel. Group of Aggrieved Workers v. MarshallCourt of Appeals for the First Circuit · 1981
  5. Rosemary Fortin v. F. Ray Marshall, Secretary, Department of Labor, United States of AmericaCourt of Appeals for the First Circuit · 1979

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