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ZUNI PUBLIC SCHOOL DIST. v. U.S. DEPT. EDUC.

No. 01-9541.

393 F.3d 1158 (2004)

ZUNI PUBLIC SCHOOL DISTRICT NO. 89; Gallup-Mckinley County Public School District No. 1, Petitioners, v. UNITED STATES DEPARTMENT OF EDUCATION, Respondent. New Mexico State Department of Education, Intervenor.

United States Court of Appeals, Tenth Circuit.

December 30, 2004.

Attorney(s) appearing for the Case

Ronald J. VanAmberg, of Roth, VanAmberg, Rogers, Ortiz, Fairbanks & Yepa, LLP, Santa Fe, NM, for Petitioner, Zuni Public School District No. 89.

George W. Kozeliski, Gallup, NM, for Petitioner, Gallup-McKinley County Public School District No. 1.

Mark W. Smith (Stephen H. Freid with him on the brief), Office of the General Counsel, United States Department of Education, Washington, DC, for Respondent.

Jonathan D. Tarnow, Special Assistant Attorney General for the State of New Mexico (Leigh M. Manasevit, Special Assistant Attorney General for the State of New Mexico, and Brustein & Manasevit, on the brief), Washington, DC, for Intervenor.

Before SEYMOUR, HENRY and O'BRIEN, Circuit Judges.

SEYMOUR, Circuit Judge.

Zuni Public School District 89 (Zuni) and Gallup-McKinley County Public School District No. 1 (Gallup-McKinley) seek review of a final decision of the Secretary of Education which addressed whether, and to what extent, the State of New Mexico can consider its receipt of federal Impact Aid when making its own statewide distributions of educational funds. Both Zuni and Gallup-McKinley filed timely petitions for review of the Secretary's decision...

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