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STATE OF S.D. v. ALEXANDER

No. 91-3505.

968 F.2d 1 (1992)

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

United States Court of Appeals, Eighth Circuit.

Decided June 25, 1992.

Attorney(s) appearing for the Case

Michael L. Brustein, Washington, D.C., argued (Mark Barnett, Craig M. Eichstadt, Leigh M. Manasevit and Yolanda R. Gallegos, on brief), for petitioner.

Stephen H. Freid, Washington, D.C., argued (Jeffrey C. Martin, on brief), for respondent.

Before McMILLIAN, JOHN R. GIBSON, and HANSEN, Circuit Judges.

PER CURIAM.

In this petition, the State of South Dakota seeks judicial review of a decision of the Secretary of Education that vacated an administrative law judge's decision and remanded the case to the ALJ for further proceedings. The Assistant Secretary for Vocational and Adult Education of the United States Department of Education had issued a preliminary departmental decision against South Dakota seeking refund of $150,000 of federal money on three grounds, one...

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