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STATE OF WYO. v. ALEXANDER

No. 88-1419.

971 F.2d 531 (1992)

STATE OF WYOMING, Petitioner, v. Lamar ALEXANDER, Secretary of Education, United States Department of Education, Respondent.

United States Court of Appeals, Tenth Circuit.

July 27, 1992.

Attorney(s) appearing for the Case

Michael L. Brustein of Brustein & Manasevit, P.C., Washington, D.C. (Rowena Heckert, Asst. Atty. Gen., Cheyenne, Wyo., and Paul A. Levine of Brustein & Manasevit, P.C., Washington, D.C., with him on the brief), for petitioner.

Lynette A. Charboneau (Wendell L. Willkie, Gen. Counsel, and Jane A. Hess, with her on the brief), U.S. Dept. of Educ., Washington, D.C., for respondent.

Before ANDERSON and HOLLOWAY, Circuit Judges, and THOMPSON, Chief District Judge.

HOLLOWAY, Circuit Judge.

The State of Wyoming petitions this court to review the final agency decision of the United States Department of Education ("DOE" or "Agency") ordering the State to refund federal vocational education funds granted pursuant to the Vocational Education Act Amendments of 1976, 20 U.S.C. § 2301, et seq. ("VEA"). For the reasons assigned below, we grant in part the petition to review the Sheridan County and Fremont County (# 2) grants...

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