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LA. STATE BD. OF EDUC. v. U.S. DEPT. OF EDUC.

No. 88-4802.

881 F.2d 204 (1989)

LOUISIANA STATE BOARD OF ELEMENTARY AND SECONDARY EDUCATION, Petitioner, v. UNITED STATES DEPARTMENT OF EDUCATION, Respondent.

United States Court of Appeals, Fifth Circuit.

August 28, 1989.

Attorney(s) appearing for the Case

R. Bruce Macmurdo, Steffes & Macmurdo, Baton Rouge, La., for petitioner.

Jeffrey B. Rosen, General Counsel, Dept. of Educ., Washington, D.C., for respondent.

Before CLARK, Chief Judge, JOHNSON and SMITH, Circuit Judges.

CLARK, Chief Judge:

The Louisiana State Board of Elementary and Secondary Education appeals from an order of the United States Department of Education requiring the Louisiana agency to refund over $700,000 the State of Louisiana received under the Education of the Handicapped Act. We affirm.

A brief political history note will provide the background needed to understand how this controversy arose. Prior to 1974, public...

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