CHULA VISTA CITY SCHOOL DIST. v. BENNETT

Appeal No. 86-1097.

824 F.2d 1573 (1987)

CHULA VISTA CITY SCHOOL DISTRICT, Poway Unified School District, and Sweetwater Union High School District, Plaintiffs/Cross-Appellants, v. William J. BENNETT, Secretary of Education, Defendant/Appellant.

United States Court of Appeals, Federal Circuit.

July 20, 1987.


Attorney(s) appearing for the Case

Howard S. Scher, Dept. of Justice, of Washington, D.C., argued for defendant/appellant. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen., Peter K. Nunez, U.S. Atty. and Anthony J. Steinmeyer. Also on the brief was John R. Mason, Office of Gen. Counsel, U.S. Dept. of Educ., of Washington, D.C., of counsel.

Donald Jay Solomon, of San Diego, Cal., argued for plaintiff/cross-appellants Chula Vista.

Leonard Pollard, II, of San Diego, Cal., argued for plaintiff/cross-appellants Poway & Sweetwater. With him on the brief were Lloyd M. Harmon, Jr., County Counsel and Daniel J. Wallace, Chief Deputy.

Clifford D. Weiler, Brown and Conradi, of San Diego, Cal., was on the brief for amicus curiae, Coronado Unified School Dist., Hueneme School Dist., South Bay Union School Dist. and Travis Unified School Dist.

Before DAVIS, Circuit Judge, BALDWIN, Senior Circuit Judge, and SMITH, Circuit Judge.


EDWARD S. SMITH, Circuit Judge.

The United States District Court for the Southern District of California held the $50 Rule, used by the Secretary of Education to evaluate applications for Impact Aid by local school districts, to be invalid as inconsistent with the legislative history of the Impact Aid statute. The district court granted summary judgment to cross-appellants and ordered the Secretary to process the applications...

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