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DEPT. OF EDUC., STATE OF HAWAII v. BELL

Nos. 82-7697, 82-7698.

770 F.2d 1409 (1985)

DEPARTMENT OF EDUCATION, STATE OF HAWAII, Petitioner, v. Terrel BELL, Secretary of Education, United States Department of Education, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided September 10, 1985.

Attorney(s) appearing for the Case

Charleen M. Aina, Honolulu, Hawaii, for petitioner.

John R. Mason, Richard B. Mellman, Washington, D.C., for respondent.

Before HUG and SKOPIL, Circuit Judges, and CURTIS, District Judge.

SKOPIL, Circuit Judge:

The Education Appeals Board ("EAB") found Hawaii violated provisions of Title I of the Elementary and Secondary Education Act of 1965, Pub.L. 89-10, 79 Stat. 27, as amended, 20 U.S.C. § 2701 et seq. (1976 Supp. V) ("Title I"). The Secretary of Education ("Secretary") demanded that Hawaii repay the Department of Education $2,109,618. Hawaii appeals from the EAB decision, claiming the Secretary misinterpreted and misapplied Title I provisions...

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