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VIRGINIA DEPT. OF EDUC. v. SECRETARY OF EDUC.

No. 85-2035.

806 F.2d 78 (1986)

VIRGINIA DEPARTMENT OF EDUCATION, Portsmouth School Board, Petitioners, v. SECRETARY OF EDUCATION, UNITED STATES DEPARTMENT OF EDUCATION, Respondent, Richmond School Board, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided November 25, 1986.

Attorney(s) appearing for the Case

Joan W. Murphy, Asst. Atty. Gen., Richmond, Va., for petitioner Virginia Dept. of Educ.

James T. Martin, Asst. City Atty., Portsmouth, Va., for petitioner Portsmouth School Bd.

George K. Martin, Wilder, Gregory & Associates, Richmond, Va., amicus curiae for Richmond School Bd.

John R. Mason, Washington, D.C., Office of the General Counsel, U.S. Dept. of Educ., for respondent.

Before ERVIN and WILKINSON, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

This is a petition by the Virginia Department of Education and the school boards of Portsmouth and Richmond, Virginia, to review a final decision of the Secretary of Education ordering refunds totaling $317,435 in Title I funds allegedly misspent during the fiscal years 1977-1979. That sum included $234,477 spent on a Portsmouth Home School Worker program, $19,578 spent on a Richmond secondary summer school program, and $63,380 spent...

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