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TRUSTEES OF CALIFORNIA STATE UNIVERSITY v. RILEY

No. 94-55455.

74 F.3d 960 (1996)

TRUSTEES OF the CALIFORNIA STATE UNIVERSITY, Plaintiff-Appellee, v. Richard W. RILEY, Secretary of the Department of Education, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 26, 1996.

As Amended February 20, 1996.

Attorney(s) appearing for the Case

Constance A. Wynn, United States Department of Justice, Washington, D.C., for defendant-appellant.

Lee R. Rydalch, Office of General Counsel, California State University, Long Beach, California, for plaintiff-appellee.

Before: G. NELSON and KLEINFELD, Circuit Judges, and LEGGE, District Judge.

T.G. NELSON, Circuit Judge:

The Secretary of Education appeals the district court's grant of summary judgment to the Trustees of the California State University System ("CSU"). The district court determined that CSU was not accountable for any interest earned on undisbursed Pell Grant funds during the audit period, and enjoined the Secretary from attempting to collect such money.

We AFFIRM in part, REVERSE in part, and REMAND.

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