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SCH. BD. OF BROWARD CTY., FLA. v. DEPARTMENT OF H. E. W., ETC.

No. 74-3606.

525 F.2d 900 (1976)

The SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, Plaintiff-Appellee, v. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, UNITED STATES OFFICE OF EDUCATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 7, 1976.

Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Miami, Fla., J. Stanley Pottinger, Asst. Atty. Gen., Dept. of Justice, Brian K. Landsberg, Marie E. Klimesz, Attys., U. S. Dept. of Justice, Washington, D. C., for defendant-appellant.

Shaw, Marko, Stephany & Lyons, Edward J. Marko, Ft. Lauderdale, Fla., for plaintiff-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

We have before us for review an administrative finding that the School Board of Broward County, Florida, was ineligible for federal aid under the Emergency School Assistance Program (ESAP) at the time an ESAP grant was made, and an order pursuant to that finding requiring the County to repay to the Department of Health, Education and Welfare all monies paid out under that grant. The district court determined that there was insufficient evidence...

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