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COM. OF KY., DEPT. OF EDUC. v. SECRETARY OF EDUC.

No. 82-3319.

717 F.2d 943 (1983)

COMMONWEALTH OF KENTUCKY, DEPARTMENT OF EDUCATION, Petitioner, v. SECRETARY OF EDUCATION, UNITED STATES DEPARTMENT OF EDUCATION, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided September 14, 1983.

Rehearing and Rehearing Denied December 5, 1983.

Attorney(s) appearing for the Case

Robert L. Chenoweth, Asst. Deputy Atty. Gen., and Chief Counsel (argued), Edward L. Fossett, Dept. of Educ., Frankfort, Ky., for petitioner.

Terrel H. Bell, Secretary of Educ., Dept. of Educ., Stephen H. Freid (Lead Counsel) (argued), Arnold Rosenthal, U.S. Dept. of Educ., Washington, D.C., for respondent.

Before MERRITT and KENNEDY, Circuit Judges, and WEICK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied December 5, 1983.

CORNELIA G. KENNEDY, Circuit Judge.

The Commonwealth of Kentucky, Department of Education (Commonwealth), appeals from the March 19, 1982 decision of the Secretary of Education ordering the Commonwealth to refund $338,034.00 allegedly misspent in Title I1 programs during 1974. For the reasons set forth below, we reverse.

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