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United States First Circuit

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Edmonds v. Chao, 05-2009

Order to petitioner to repay some of the misused funds originally distributed by the federal government to the state for use in employment training and rehabilitation programs is affirmed over claims that: 1) the state and city were largely in compliance with all relevant substantive provisions of the Job Training Partnership Act and regulations throughout the relevant time periods; and 2) even if a failure to make a proper accounting would result in a repayment obligation unless the state made a sufficient alternative showing that it complied with the substantive regulations at issue, the Administrative Review Board's determination that the state did not make such a showing here was improper.

Appellate Information

  • Decided 05/26/2006
  • Published 05/26/2006

Judges

  • STAHL, Senior Circuit Judge., Before BOUDIN, Chief Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Sookyoung Shin, Assistant Attorney General of Massachusetts, with whom Thomas F. Reilly, Attorney General of Massachusetts, was on brief, for petitioner.

  • For Appellees:
  • Frank P. Buckley, Attorney, Office of the Solicitor, with whom Howard M. Radzely, Solicitor of Labor, Charles D. Raymond, Associate Solicitor for Employment and Training Legal Services, and Harry L. Sheinfeld, Counsel for Litigation, were on brief, for respondents.

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