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BROWN v. CALIFANO

No. 78-1864.

627 F.2d 1221 (1980)

Darryl W. BROWN and David Brown, Infants, by their parent, Jo Ann Brown, et al., Appellants, v. Joseph A. CALIFANO, Individually and as Secretary of Health, Education and Welfare, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided January 31, 1980.

Attorney(s) appearing for the Case

Joseph L. Rauh, Jr., Washington, D. C., with whom John Silard, Elliott C. Lichtman, William L. Taylor, Washington, D. C., James M. Nabrit, III, Bill Lann Lee and Eric Schnapper, New York City, were on the brief, for appellants.

Frank A. Rosenfeld, Atty., Dept. of Justice, Washington, D. C., with whom Earl J. Silbert, U. S. Atty., Barbara Allen Babcock, Asst. Atty. Gen., and William Kanter, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellee.

Before BAZELON, Senior Circuit Judge, TAMM, Circuit Judge, and GESELL, United States District Judge for the District of Columbia.

Opinion for the Court filed by Senior Circuit Judge BAZELON.

BAZELON, Senior Circuit Judge:

Darryl and David Brown and sixteen other public school children, the appellants, challenge the constitutionality of amendments that restricts federal methods for assuring nondiscrimination in public schools receiving federal support.1 The amendments essentially prevent the Department of Health, Education, and Welfare (HEW)

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