STATE OF N.Y. v. U.S. DEPT. OF EDUC.

No. 841, Docket 89-4075.

903 F.2d 930 (1990)

The STATE OF NEW YORK and The City of New York, Petitioners, v. The UNITED STATES DEPARTMENT OF EDUCATION, Respondent.

United States Court of Appeals, Second Circuit.

Decided May 22, 1990.


Attorney(s) appearing for the Case

Marion R. Buchbinder, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., Harvey Golubock, Deputy First Asst. Atty. Gen., New York City, of counsel), for petitioner the State of N.Y.

Peter L. Zimroth, Corp. Counsel of the City of New York, New York City (Margaret G. King, Assistant Corporation Counsel, New York City, of counsel), for petitioner City of New York.

Dennis P. Koeppel, Atty., Office of Gen. Counsel, U.S. Dept. of Educ., Washington, D.C. (Edward C. Stringer, Gen. Counsel, Stephen H. Freid, Atty., U.S. Dept. of Educ., Washington, D.C., of counsel), for respondent.

Before FEINBERG, CARDAMONE and MINER, Circuit Judges.


MINER, Circuit Judge:

The State and City of New York (collectively "New York") petition this court to review an April 14, 1989 final decision of the United States Secretary of Education (the "Secretary") ordering repayment of $20,643,510 granted under Chapter 1 of the Education Consolidation and Improvement Act of 1981, Pub.L. No. 97-35, §§ 551-596, 95 Stat. 463-82 (the "Act").1 The Secretary determined that New York violated...

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