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IN RE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA

No. 72-3215.

475 F.2d 1117 (1973)

In the Matter of SCHOOL BOARD OF BROWARD COUNTY, FLORIDA. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, Petitioner, v. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, UNITED STATES OFFICE OF EDUCATION, Respondent.

United States Court of Appeals, Fifth Circuit.

March 21, 1973.

Attorney(s) appearing for the Case

Edward J. Marko, Edward G. Stephany, Fort Lauderdale, Fla., for petitioner.

Thomas M. Larson, Education Section, U. S. Dept. of Justice, Michael Lottman, Office of General Counsel, James W. Moore, Asst. Deputy Comm. for Emergency School Assistance, Duane J. Mattheis, Deputy Comm., S. P. Marland, Jr., U. S. Commissioner of Educ., Office of Education, Brian K. Landsberg, Civ. Rights Div., Dept. of Justice, Washington, D. C., Henry C. Barrett, Jackson, Miss., for respondent.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

The question presented for our decision is whether a determination by the Commissioner of Education issued in administrative proceedings to enforce the Emergency School Assistance Program (P.L. 91-380, 84 Stat. 800) and the regulations of the Office of Education (45 C.F.R. Part 181) is subject to judicial review here. We conclude that this Court is without jurisdiction and accordingly dismiss the petition.

Petitioner, School Board of Broward...

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