PULIDO v. BENNETT

Nos. 86-1795, 87-1228.

848 F.2d 880 (1988)

Rudy A. PULIDO; Walter H. Baird; Glenn G. Moore; Jim S. Noel; Loren L. Reynolds; John M. Swomley, Jr.; G. Hugh Wamble; James A. White; Roy E. Willey; Geneva Dalton; Lakisa Dalton, a minor; Mashawn Dalton, a minor; Nicole Dalton, a minor; Siobhan Dalton, a minor; Anthony Fuqua, a minor; Trana Fuqua, a minor; Rickey Fuqua, a minor, said minors appearing by Geneva Dalton, as next friend; and Benny Gooden, Appellees, v. William J. BENNETT, individually and as Secretary of the United States Department of Education; and United States Department of Education, Appellants, Ronald Jones, et al., Intervenor, and Blue Hills Homes Corporation, a Missouri non-profit corporation. Rudy A. PULIDO; Walter H. Baird; Glenn G. Moore; Jim S. Noel; Loren L. Reynolds; John M. Swomley, Jr.; G. Hugh Wamble; James A. White; Roy E. Willey; Geneva Dalton; Lakisa Dalton, a minor, Mashawn Dalton, a minor; Nicole Dalton, a minor; Siobhan Dalton, a minor; Anthony Fuqua, a minor; Trana Fuqua, a minor; Rickey Fuqua, a minor, said minors appearing by Geneva Dalton, as next friend; and Dr. Benny Gooden, as next friend for his minor son, Appellants, v. William J. BENNETT, individually and as Secretary of the United States Department of Education; and United States Department of Education; Blue Hills Homes Corporation; Ronald Jones; Theresa Jones; Grace Moorning; William Grahl; Julia Ann Grahl; Dwayne Johnson; Daniel Hof and Linda Hof; Pamela Joan Brobst; Linda Johnson, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 2, 1988.


Attorney(s) appearing for the Case

Lee Boothyby, Berrien Springs, Mich., for appellants.

Howard S. Scher and Patricia A. Dean, Washington, D.C., for appellees.

Before JOHN R. GIBSON and FAGG, Circuit Judges, and HENLEY, Senior Circuit Judge.


JOHN R. GIBSON, Circuit Judge.

The use of mobile classrooms to provide remedial services to educationally deprived children enrolled in private schools, and the formula for allocating the cost between public and private schools for such services, which the Secretary of Education authorized under Chapter I of the Education Consolidation and Improvement Act of 1981,1 give rise to the controversy...

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