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

No. 87-7459.

872 F.2d 303 (1989)

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 April 5, 1989.

Attorney(s) appearing for the Case

Joseph R. Symkowick, Chief Counsel, and Taylor S. Carey, Staff Counsel, Cal. Dept. of Educ., Sacramento, Cal., for petitioner.

Effie Forde-Williamson, 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 $734,210 to the United States Department of Education ("Department"). The Department had allocated these funds to California for fiscal year 1980-81 under Title I of the Elementary & Secondary Education Act of 1965 ("Title I"). The Secretary...

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