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KELSEY v. WEINBERGER

No. 73-1960.

498 F.2d 701 (1974)

Cordelia KELSEY, infant, by her parent, Louise Kelsey, et al., Appellants, v. Caspar W. WEINBERGER, Individually and as Secretary of Health, Education and Welfare, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 14, 1974.

Attorney(s) appearing for the Case

Joseph L. Rauh, Jr., Washington, D. C., with whom John Silard, Elliott C. Lichtman, Washington, D. C., Daniel H. Pollitt, Chapel Hill, N. C. and James M. Nabrit, III, New York City, were on the briefs, for appellants.

Michael H. Stein, Atty., Dept. of Justice, with whom Irving Jaffe, Deputy Asst. Atty. Gen., Harold H. Titus, Jr., U. S. Atty., at the time the brief was filed, and Kathryn H. Baldwin, Atty., Dept. of Justice, were on the brief for appellee. Robert M. Werdig, Jr., and Garey G. Stark, Asst. U. S. Attys., also entered appearances for appellee.

Before TAMM, ROBINSON and WILKEY, Circuit Judges.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Cordelia Kelsey and other public school children, the appellants, complained in the District Court that the Secretary of Health, Education and Welfare, the principal appellee,1 violated the Emergency School Aid Act2 in promulgating a new regulation enabling proposed waivers of the ineligibility, under prior regulations, of...

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