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MASS. DEPT. OF CORR. v. LAW ENFORCEMENT ASSISTANCE ADMINISTRATION

No. 78-1490.

605 F.2d 21 (1979)

MASSACHUSETTS DEPARTMENT OF CORRECTION, Petitioner, v. LAW ENFORCEMENT ASSISTANCE ADMINISTRATION, Respondent.

United States Court of Appeals, First Circuit.

Decided September 13, 1979.

Attorney(s) appearing for the Case

Robert H. Claridge, Counsel, Dept. of Correction, Boston, Mass., with whom Lee Carl Bromberg, Sp. Asst. Atty. Gen., Boston, Mass., was on brief, for petitioner.

Barbara L. Herwig, Atty., Appellate Staff, Civil Div., Dept. of Justice, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., and Douglas N. Letter, Atty., Appellate Staff, Civil Div., Dept. of Justice, Washington, D. C., were on brief, for respondent.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

The Massachusetts Department of Correction (MDOC) petitions for review of a decision by the Law Enforcement Assistance Administration (LEAA) declining to award MDOC a corrections training grant under the LEAA's discretionary funds program, 42 U.S.C. § 3736(a)(2).

LEAA funding of state and local law enforcement activities falls into two categories. Under 42 U.S.C. § 3736, 85 percent of

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