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

No. 87-7401.

851 F.2d 241 (1988)

STATE OF CALIFORNIA, DEPARTMENT OF EDUCATION, Petitioner, v. William BENNETT, Secretary of Education, U.S. Department of Education, Education Appeals Board, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided June 28, 1988.

Attorney(s) appearing for the Case

Michael A. Hersher, Staff Counsel, California Dept. of Educ., Sacramento, Cal., for petitioner.

Jaime Fernandez, Office of the General Counsel, U.S. Dept. of Educ., Washington, D.C., for respondent.

Before BROWNING, Chief Judge, ALARCON and NORRIS, Circuit Judges.

PER CURIAM:

California petitions for review of the Secretary's determination that it must repay approximately $2.7 million in federal grant monies paid to California to reimburse it for unemployment insurance contributions on behalf of school employees. California argues liability is barred by the statute of limitations on claims for refund of improperly expended education grants, 20 U.S.C. § 1234a(g). We deny the petition.

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