United States Eighth Circuit

In a case involving the response of the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) to plaintiff's complaint filed under the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA), summary judgment for the Secretary of Labor is affirmed where the OFCCP promptly discharged its duty to conduct an investigation into plaintiff's administrative complaint, and thus, the Secretary's response represented a decision committed to agency discretion which is immune from judicial review.

Appellate Information

• Decided 07/09/2007
• Published 07/09/2007

Judges

• O'CONNOR, Associate Justice (Ret.)., Before LOKEN, Chief Judge, O'CONNOR , Associate Justice (Ret.), and GRUENDER, Circuit Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Edward A. Zimmerman of Burnsville, MN.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Mary Jo Madigan, AUSA, of Minneapolis, MN.