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ROBINSON v. VOLLERT

No. 76-2804.

602 F.2d 87 (1979)

Patricia Ann ROBINSON and Bettie Joe Robinson, Minors, by their Father and Next Friend, James Robinson, et al., Plaintiffs, v. Frank VOLLERT, as Superintendent of the Galveston Independent School District, Galveston, Texas, et al., Defendants-Third Party Plaintiffs-Appellees, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, et al., Third Party Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 10, 1979.

Attorney(s) appearing for the Case

James R. Gough, Asst. U. S. Atty., Houston, Tex., Dennis J. Dimsey, Atty., Appellate Section, Walter W. Barnett, U. S. Dept. of Justice, Washington, D. C., for Joseph Califano et al.

Ed Schwab, III, Bryan F. Williams, Jr., Galveston, Tex., for Frank Vollert et al.

Before GODBOLD, SIMPSON and MORGAN, Circuit Judges.

GODBOLD, Circuit Judge:

This case involves the construction of a consent order entered into by the Department of Health, Education and Welfare and the Galveston [Texas] Independent School District [GISD], and the validity of HEW's decision to deny GISD's application for federal aid under the Emergency School Aid Act, [ESAA] 20 U.S.C. §§ 1601 et seq.1 Because we disagree with the district court's construction of the consent...

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