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STATE OF W. VA. v. SECRETARY OF ED.

No. 80-1704.

667 F.2d 417 (1981)

The STATE OF WEST VIRGINIA, Petitioner, v. SECRETARY OF EDUCATION, The United States Department of Education, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided October 15, 1981.

Attorney(s) appearing for the Case

Ann V. Dornblazer, Asst. Atty. Gen., Charleston, W. Va., on brief, for petitioner.

Kay Rigling Gill, and Stephen H. Freid, Gen. Counsel, U. S. Dept. of Education on brief, for respondent.

Before BRYAN, Senior Circuit Judge, and PHILLIPS and SPROUSE, Circuit Judges.

PER CURIAM:

The State of West Virginia petitions for review of an order of the Secretary of Education requiring it to refund $125,000 previously received under Title I of the Elementary and Secondary Education Act of 1965, as amended, 20 U.S.C. § 241a et seq. (The Act).1 Since we find that the Secretary utilized permissible procedures and acted on a substantial factual basis, we affirm.

The Act is administered by the...

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