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ACTION FOR BOSTON COMMUNITY DEVELOPMENT v. SHALALA

No. 97-1834.

136 F.3d 29 (1998)

ACTION FOR BOSTON COMMUNITY DEVELOPMENT, INC., Plaintiff, Appellant, v. Donna E. SHALALA, as she is the Secretary of the United States Department of Health And Human Services, and the United States Department of Health and Human Services, Administration for Children, and Families, Region I, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 9, 1998.

Attorney(s) appearing for the Case

Janet Steckel Lundberg with whom Richard M. Bluestein, Krokidas & Bluestein, Boston, MA, Garrick F. Cole and Smith & Duggan, Boston, MA, were on brief, for plaintiff, appellant.

David S. Mackey, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, was on brief, for the United States.

Before TORRUELLA, Chief Judge, BOUDIN, Circuit Judge, and WOODLOCK, District Judge.

BOUDIN, Circuit Judge.

In form, this appeal seeks review of the district court's refusal to grant injunctive relief to the plaintiff, Action for Boston Community Development ("ABCD"), a major provider of Head Start services in Boston. In substance, this is an administrative review proceeding by which ABCD seeks to overturn the decision by the Department of Health and Human Services ("HHS") to select a different grantee to receive funds for a new Head Start project...

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