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BOARD OF ED. OF CITY SCH. DIST., ETC. v. CALIFANO

Nos. 1121, 1414, Dockets 78-6083, 78-6088.

584 F.2d 576 (1978)

BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF the CITY OF NEW YORK et al., Appellants, v. Joseph A. CALIFANO, Jr., Secretary, United States Department of Health, Education and Welfare, et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided August 21, 1978.

Attorney(s) appearing for the Case

Rosemary Carroll, Asst. Corp. Counsel, New York City (Allen G. Schwartz, Corp. Counsel of the City of New York, Leonard Koerner, Asst. Corp. Counsel, New York City, of counsel), for appellants.

Richard B. Caro, Asst. U. S. Atty., Brooklyn, N. Y. (David G. Trager, U. S. Atty. for the Eastern District of New York, Brooklyn, N. Y., Harvey M. Stone, Rodger C. Field, Asst. U. S. Attys., Brooklyn, N. Y., of counsel), for appellees.

Before OAKES, Circuit Judge, and BLUMENFELD and MEHRTENS, District Judges.

OAKES, Circuit Judge:

Consolidated appeals raise the important question whether in passing upon applications for grants of Emergency School Aid Act (ESAA)1 funds the Department of Health, Education and Welfare (HEW) must apply a constitutional standard of intentional discrimination as delineated by the Supreme Court2 or whether the ESAA as supplemented by HEW regulations...

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