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STATE OF CAL. DEPT. OF EDUC. v. BENNETT

No. 86-7274.

829 F.2d 795 (1987)

STATE OF CALIFORNIA DEPARTMENT OF EDUCATION, Petitioner, v. William J. BENNETT, Secretary of Education, United States Department of Education, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided October 1, 1987.

Attorney(s) appearing for the Case

Joseph R. Symkowick, Chief Counsel, Allan H. Keown and Taylor S. Carey, Staff Counsel, California Dept. of Educ., Sacramento, Cal., for petitioner.

Richard B. Mellman, Office of the General Counsel, U.S. Dept. of Educ., Washington, D.C., for respondents.

Before POOLE and BOOCHEVER, Circuit Judges, and STEPHENS, District Judge.

POOLE, Circuit Judge:

The State of California Department of Education (California) petitions for review of a final decision of the Education Appeal Board holding the state liable for the return of $10,302,130 of overallocated federal grant funds extended under Title I of the Elementary and Secondary Education Act of 1965, as amended, for use in California's migrant education program. California contends that the Secretary of Education lacks the authority to require...

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