OPINION
WILLIAM B. JONES, District Judge.
The plaintiffs in this action seek to declare unlawful and enjoin the operation of the August 16, 1973, regulation of the Department of Health, Education, and Welfare [HEW] implementing the Emergency School Aid Act of 1972 [ESAA], 20 U.S.C. §§ 1601-1619 (Supp. II, 1972). Under that new regulation, 45 C.F.R. § 185.44(d)(3), 38 Fed.Reg. 21646 (1973), the defendant Secretary of HEW has waived the ineligibility...
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