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RILES v. BENNETT

No. 85-2749.

831 F.2d 875 (1987)

Wilson RILES, in his capacity as Superintendent of Public Instruction of the State of California; the State of California, a Sovereign State, By and Through the California State Department of Education, a State Agency, Hayward Unified School District, a State Agency, Plaintiff-Appellees, v. William J. BENNETT, in his capacity as Secretary of the United States Department of Education, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 2, 1987.

Attorney(s) appearing for the Case

Robert K. Rasmussen, Washington, D.C., for defendant-appellant.

Peter G. DeMauro and Dennis Eckhart, Sacramento, Cal., for plaintiffs-appellees.

Before BROWNING, Chief Judge, PREGERSON and REINHARDT, Circuit Judges.

PER CURIAM:

The Secretary of the United States Department of Education appeals the denial of prejudgment interest on an award of $108,701 for Title I grants misspent by the State of California. The district court denied interest because it read Pennhurst State School and Hosp. v. Halderman, 451 U.S. 1, 101 S.Ct. 1531, 67 L.Ed.2d 694 (1981), as requiring explicit statutory authorization...

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