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BOARD OF ED. OF CITY SCH. DIST. v. HUFSTEDLER

No. 248, Docket 80-6050.

641 F.2d 68 (1981)

BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF the CITY OF NEW YORK and Frank Macchiarola, Chancellor of the City School District of the City of New York, Plaintiffs-Appellees, v. Shirley M. HUFSTEDLER, Secretary of the United States Department of Education, Herman R. Goldberg, Associate Commissioner, Equal Educational Opportunity Programs, United States Department of Education, and Roma Stewart, Director of the Office for Civil Rights, United States Department of Education, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 4, 1981.

Attorney(s) appearing for the Case

Gregg M. Mashberg, New York City (Allen G. Schwartz, Corp. Counsel, Joseph F. Bruno, Asst. Corp. Counsel, New York City, on brief), for plaintiffs-appellees.

Richard P. Caro, Asst. U. S. Atty., Brooklyn, N. Y. (Drew S. Days III, Asst. Atty. Gen., Washington, D. C., Edward R. Korman, U. S. Atty., E. D. New York, Brooklyn, N. Y., Jill Laurie Goodman, U. S. Dept. of Education, New York City, on brief), for defendants-appellants.

Before OAKES and MESKILL, Circuit Judges, and WERKER, District Judge.

OAKES, Circuit Judge:

This appeal is yet another chapter in the litigation between the Board of Education of the City School District of New York City and what is now the Department of Education over the latter's declaration of the former's ineligibility for funds under the Emergency School Aid Act of 1972 (ESAA), 20 U.S.C. §§ 1601-1619 (current version at 20 U.S.C. §§ 3191-3207). In the ESAA I litigation, the Supreme Court, in affirming...

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