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BOARD OF ED., CINCINNATI v. DEPARTMENT OF H. E. W.

No. 75-1918.

532 F.2d 1070 (1976)

BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF the CITY OF CINCINNATI et al., Plaintiffs-Appellants, v. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, REGION 5, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 31, 1976.

Rehearing Denied May 4, 1976.

Attorney(s) appearing for the Case

C. R. Beirne, Beirne & Wirthlin, John A. Lloyd, Jr., Frost & Jacobs, Cincinnati, Ohio, for plaintiffs-appellants.

William W. Milligan, U. S. Atty., Robert J. Kielty, Cincinnati, Ohio, Brian K. Landsberg, Marie E. Klimesz, Dept. of Justice, Washington, D. C., for defendants-appellees.

Before PHILLIPS, Chief Judge, and WEICK and LIVELY, Circuit Judges.

PER CURIAM.

This is an action for declaratory judgment and injunctive relief involving the denial of federal emergency school funds to the Cincinnati school system. The action was filed by the Cincinnati Board of Education against the Department of Health, Education and Welfare and the Commissioner and certain other personnel of that Department (HEW). The statute involved is the Emergency School Aid Act, 20 U.S.C. §...

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