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DEPARTMENT OF EDUC. OF STATE OF CAL. v. BENNETT

No. 87-7458.

864 F.2d 655 (1988)

DEPARTMENT OF EDUCATION OF THE STATE OF CALIFORNIA, Petitioner, v. William J. BENNETT, Secretary of Education, United States Department of Education, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided December 27, 1988.

Attorney(s) appearing for the Case

Taylor S. Carey, Staff Counsel, Cal. Dept. of Educ., Sacramento, Cal., for petitioner.

Ronald B. Petracca, Atty., U.S. Dept. of Educ., Washington, D.C., for respondent.

Before FLETCHER, BOOCHEVER and TROTT, Circuit Judges.

TROTT, Circuit Judge:

The California State Department of Education ("California") petitions for review of a final decision of the United States Secretary of Education ("Secretary"). The Secretary ordered California to refund a total of $1,203,139 to the United States Department of Education ("Department"). The Department had allocated these funds to California under Part B of the Education of the Handicapped Act ("EHA-B"), 20 U.S.C. § 1400, et seq., §§...

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