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STATE OF N.J., DEPT. OF EDUC. v. HUFSTEDLER

No. 80-1991.

724 F.2d 34 (1983)

STATE OF NEW JERSEY, DEPT. OF EDUCATION, Petitioner, v. Shirley HUFSTEDLER, Secretary of Education, etc., Respondent.

United States Court of Appeals, Third Circuit.

Decided December 27, 1983.

Rehearing and Rehearing Denied February 17, 1984.

Attorney(s) appearing for the Case

Irwin I. Kimmelman, Atty. Gen. of N.J., Michael R. Cole, Mary Ann Burgess, Asst. Attys. Gen. (argued), for petitioner; Jayne LaVecchia, Regina Murray Mahoney, Deputy Attys. Gen., Trenton, N.J., on brief.

Stephen H. Freid, Philip H. Rosenfelt (argued), General Counsel, U.S. Dept. of Education, Washington, D.C., for respondent.

Before ADAMS, HUNTER and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 17, 1984.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The State of New Jersey asks us to review a final decision of the Secretary of Education that New Jersey refund over $1 million granted by the federal government under Title I of the Elementary and Secondary Education Act of 1965 (ESEA), 20 U.S.C. § 241a et seq. (1976). These funds had been allocated to local educational agencies under...

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