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MASS. DEPT. OF EDUC. v. U.S. DEPT. OF EDUC.

No. 87-1385.

837 F.2d 536 (1988)

COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF EDUCATION, Petitioner, v. UNITED STATES DEPARTMENT OF EDUCATION, Respondent.

United States Court of Appeals, First Circuit.

Decided January 27, 1988.

Attorney(s) appearing for the Case

Jane S. Schacter, Asst. Atty. Gen., with whom James M. Shannon, Atty. Gen., Boston, Mass., was on brief, for petitioner.

Ronald B. Petracca with whom Wendell L. Willkie, General Counsel, Washington, D.C., and Rebecca April Fitch, were on brief, for respondent.

Before BOWNES and SELYA, Circuit Judges, and CAFFREY, Senior District Judge.

SELYA, Circuit Judge.

This proceeding is the culmination of a struggle between state and federal sovereigns, fought against the backdrop of Part B of the Education of the Handicapped Act, 20 U.S.C. § 1400 et seq., §§ 1411-1420 ("EHA-B"). The protagonists are the Massachusetts Department of Education (hereinafter sometimes "MassEd" or "the Commonwealth") and the United States Department of Education ("FedEd"). After much preliminary skirmishing, FedEd...

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