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SEATTLE UNIVERSITY v. U. S. DEPT. OF HEALTH, ED.

No. 78-1746.

621 F.2d 992 (1980)

SEATTLE UNIVERSITY, a Washington Nonprofit Corporation, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, an agency of the United States of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 19, 1980.

Attorney(s) appearing for the Case

Robert J. Walerius, Seattle, Wash., for defendant-appellant.

Marie E. Klimesz, Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before CHOY and FERGUSON, Circuit Judges, and BARTELS, District Judge.

PER CURIAM:

Section 901(a) of the Education Amendments of 1972, codified at 20 U.S.C. § 1681(a),1 prohibits discrimination on the basis of sex under any education program or activity receiving federal financial assistance. The Department of Health, Education and Welfare ("HEW"), pursuant to 20 U.S.C. § 1682,2 promulgated regulations designed to effectuate the directive of

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