AMBACH v. BELL

Nos. 82-1762, 82-1769.

686 F.2d 974 (1982)

Gordon M. AMBACH, Commissioner of Education of the State of New York, et al. v. T. H. BELL, Secretary of Education, et al., Appellants. Gordon M. AMBACH, Commissioner of Education of the State of New York, et al. v. T. H. BELL, Secretary of Education Dr. Wayne Teague, Alabama State Superintendent of Education, et al., Appellants, Wayne Teague, Alabama State Superintendent of Education, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 17, 1982.


Attorney(s) appearing for the Case

William Kanter and Neil H. Koslowe, Attys., Dept. of Justice, Washington, D. C., were on the emergency motion for summary reversal or in the alternative, for stay pending appeal filed by appellant T. H. Bell, Secretary of Educ., in No. 82-1762.

David C. Long, Washington, D. C., was on the emergency motion of intervenors-appellants for summary reversal or in the alternative for stay pending appeal in No. 82-1769.

Ariel L. Mendez and Angel A. Valencia-Aponte, San Juan, P. R., were on the response of the Puerto Rico Secretary of Educ., intervenor-appellee, to the emergency motions of appellant and intervenors-appellants for summary reversal or in the alternative for stay pending appeal.

Robert Abrams, Atty. Gen., State of N. Y., Howard L. Zwickel and Paul M. Glickman, Asst. Attys. Gen., State of N. Y., New York City, Francis X. Bellotti, Atty. Gen., Com. of Mass., Boston, Mass., Jane Nelson, Deputy Atty. Gen., State of Nev., Carson City, Nev., Eugene J. Sullivan, Asst. Atty. Gen., State of N. J., Trenton, N. J., and David L. Wilkinson, Atty. Gen., State of Utah, Salt Lake City, Utah, were on the response in opposition to emergency motions for summary reversal or in the alternative stay pending appeal in Nos. 82-1762 and 82-1769.

Before ROBINSON, Chief Judge, and WILKEY and BORK, Circuit Judges.


Opinion PER CURIAM.

PER CURIAM:

The representatives of a number of States (the plaintiff States) brought suit in the District Court to enjoin the Secretary of Education (the Secretary) from distributing funds under the Education Consolidation and Improvement Act of 1981 using data from the 1970 census. In dispute is the allocation of $276 million earmarked for educationally disadvantaged children. The District Court...

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