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

Nos. 86-7273, 86-7707.

833 F.2d 827 (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 December 2, 1987.

Attorney(s) appearing for the Case

Joseph R. Symkowick, Chief Counsel, Michael E. Hersher, Staff Counsel, Cal. Dept. of Educ., Sacramento, Cal., for petitioner.

Wendell L. Willkie, Gen. Counsel, John R. Mason, Office of the Gen. Counsel of the U.S. Dept. of Educ., Washington, D.C., for respondents.

Before CHOY, ALARCON and O'SCANNLAIN, Circuit Judges.

CHOY, Circuit Judge:

The State of California Department of Education ("California") petitions for review of two final decisions of the United States Secretary of Education ("Secretary") ordering California to refund a total of $250,279.94 in federal funds extended under Title I of the Elementary and Secondary Education Act that were found to have been misspent during the fiscal years 1978-1980. California contends that the Secretary improperly interpreted regulations...

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