VIRGINIA DEPARTMENT OF EDUCATION, Petitioner,
v.
Richard W. RILEY, United States Secretary of Education; United States Department of Education, Respondents.
Mental Disabilities Law Clinic of the T.C. Williams School of Law; Virginia School Boards Association; Fairfax County School Board, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued April 20, 1994.
Decided April 29, 1994.
Attorney(s) appearing for the Case
William Henry Hurd, Deputy Atty. Gen., Office of the Atty. Gen. of Virginia, Richmond, VA, argued (James S. Gilmore, III, Atty. Gen., Paul J. Forch, Sr. Asst. Atty. Gen., Joan W. Murphy, C. Tabor Cronk, Howard P. Estes, Jr., Asst. Attys. Gen., Office of the Atty. Gen. of Virginia, on pleadings), for petitioner.
Marie K. McElderry, U.S. Dept. of Justice, Washington, DC, argued (Helen F. Fahey, U.S. Atty., Robert W. Jaspen, Asst. U.S. Atty., Richmond, VA, Deval L. Patrick, Asst. Atty. Gen., David K. Flynn, Linda F. Thome, U.S. Dept. of Justice, Washington, DC, on pleadings), for respondents.
Kathe A. Klare, Director, Michael C. Guanzon, Sandra L. Karison, Jofelyn A. Ceballos, Joni A. Hong, University of Richmond Law School, Richmond, VA, for amicus curiae Mental Disabilities Law Clinic.
Kathleen S. Mehfoud, D. Patrick Lacy, Jr., Hazel & Thomas, P.C., Richmond, VA, Richard Carter, McClure, Callahan, Carter & Atkins, Charlottesville, VA, for amicus curiae Virginia School Boards Ass'n.
Thomas J. Cawley, Grady K. Carlson, John F. Cafferky, Hunton & William, Fairfax, VA, for amicus curiae Fairfax County School Bd.
Before ERVIN, Chief Judge, and MURNAGHAN and WILKINSON, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Petition granted by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge ERVIN and Judge MURNAGHAN joined.
OPINION
WILKINSON, Circuit Judge:
This case involves the statutory obligations of the United States to deal fairly with the recipients of funds under federal grant programs. Specifically, the question is whether the United States Department of Education can withhold more than $50 million in funding granted to the Commonwealth...
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