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BOARD OF PUBLIC INSTRUCTION OF TAYLOR COUNTY, FLA. v. FINCH

No. 26841.

414 F.2d 1068 (1969)

BOARD OF PUBLIC INSTRUCTION OF TAYLOR COUNTY, FLORIDA, Petitioner, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Respondent.

United States Court of Appeals Fifth Circuit.

August 12, 1969.

Attorney(s) appearing for the Case

Don Dansby, Perry, Fla., for appellant.

David L. Rose, David B. Marblestone, Civil Rights Division, Dept. of Justice, Washington, D. C., Edward F. Boardman, U. S. Atty., Tampa, Fla., Clinton Ashmore U. S. Atty., Tallahassee, Fla., Jerris Leonard, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for appellee.

Before BELL and GOLDBERG, Circuit Judges, and ATKINS, District Judge.

GOLDBERG, Circuit Judge:

Nominally, this case involves a challenge to the validity of an order by the Department of Health, Education and Welfare (HEW) terminating the payment of federal funds to the Board of Public Instruction of Taylor County, Florida, for violating Title VI of the Civil Rights Act of 1964.1 Underlying this challenge, however, is a broader question concerning the character and reach of the limitations which Congress...

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