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STATE OF NEW JERSEY, DEPT. OF ED. v. HUFSTEDLER

Nos. 80-1991, 80-2302.

662 F.2d 208 (1981)

STATE OF NEW JERSEY, DEPARTMENT OF EDUCATION, Petitioner in No. 80-1991, v. Shirley HUFSTEDLER, Secretary of Education, United States Department of Education, Respondent in No. 80-1991. COMMONWEALTH OF PENNSYLVANIA, Petitioner in No. 80-2302, v. SECRETARY OF EDUCATION, UNITED STATES DEPARTMENT OF EDUCATION, Respondent in No. 80-2302.

United States Court of Appeals, Third Circuit.

Decided October 13, 1981.

Rehearing and Rehearing Denied December 17, 1981.

Attorney(s) appearing for the Case

John J. Degnan, Atty. Gen., Erminie L. Conley, Asst. Atty. Gen., M. Kathleen Duncan, Mary Ann Burgess, Deputy Attys. Gen. (argued), Trenton, N. J., for State of New Jersey, Dept. of Ed.

Margaret Hunting, Deputy Atty. Gen. (argued), Emogene L. Trexel, Asst. Atty. Gen., Dept. of Justice, Harrisburg, Pa., for Commonwealth of Pennsylvania.

Robert J. Arnot (argued), Stephen H. Freid, Philip H. Rosenfelt, U. S. Dept. of Ed., Washington, D. C., for United States Dept. of Ed.

Before ADAMS, ROSENN, and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing In Banc Denied December 17, 1981.

OPINION OF THE COURT

ROSENN, Circuit Judge.

These petitions for review of final decisions of the United States Department of Education ("Department" or "Agency")1 present important questions of first impression in this court. The decisions under review are orders directing petitioners New Jersey and Pennsylvania ("States") to refund to the Department federal funds...

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