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BOARD OF PUBLIC INSTR. OF PALM BEACH CO., FLA., v. COHEN

No. 27073.

413 F.2d 1201 (1969)

BOARD OF PUBLIC INSTRUCTION OF PALM BEACH COUNTY, FLORIDA, Plaintiff-Appellee, v. Wilbur J. COHEN, Secretary of the Department of Health, Education and Welfare, et al., Defendants-Appellants.

United States Court of Appeals Fifth Circuit.

June 3, 1969.

Attorney(s) appearing for the Case

William A. Meadows, Jr., U. S. Atty., Miami, Fla., Aaron A. Foosaner, First Asst. U. S. Atty., Stephen J. Pollak, Asst. Atty. Gen., David B. Marblestone, David L. Rose, U. S. Dept. of Justice, Washington, D. C., for defendants-appellants.

Michael E. Jackson, Palm Beach, Fla., Jackson & Jackson, Palm Beach, Fla., for plaintiff-appellee.

Before COLEMAN and GOLDBERG, Circuit Judges, and SKELTON, Judge of the Court of Claims.

COLEMAN, Circuit Judge:

The Secretary of Health, Education, and Welfare formally deferred consideration of applications by the Palm Beach County School Board for Federal financial assistance to new programs or activities. Upon petition of the School Board, and after a hearing, the District Court enjoined the deferral "during the pendency of the administrative proceeding now being conducted within the Department of Health, Education, and Welfare". This Court...

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