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ROMEO COMMUNITY SCHOOLS v. U. S. DEPT. OF HEALTH

Civ. A. No. 6-71438.

438 F.Supp. 1021 (1977)

ROMEO COMMUNITY SCHOOLS, a Public Body Corporation, Plaintiff, v. UNITED STATES DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE et al., Defendants, Susan K. Garrard, Intervenor.

United States District Court, E. D. Michigan, S. D.

April 7, 1977.

Attorney(s) appearing for the Case

Clark, Hardy, Lewis, Fine & Asher, P. C. by Charles L. Fine, E. Peter Drolet, Birmingham, Mich., Steptoe & Johnson by Janet Lammersen Kuhn, Washington, D. C., for plaintiff.

U. S. Dept. of HEW, Office of Civil Rights by Julia C. Lamber, Washington, D. C., U. S. Dept. of Justice by William Z. Elliott, Washington, D. C., Pamela J. Thompson, Asst. U. S. Atty., Detroit, Mich., for defendants.

Beer, Boltz & Bennia by Warren J. Bennia, Bloomfield Hills, Mich., for intervenor.

MEMORANDUM OPINION

FEIKENS, District Judge.

This is an action for declaratory judgment and permanent injunction, brought under 28 U.S.C. § 2201 and the Administrative Procedures Act, 5 U.S.C. § 701, et seq., by plaintiff Romeo Community Schools (Romeo) against defendant Department of Health, Education, and Welfare (HEW).1 Plaintiff challenges the authority of defendant to promulgate certain administrative regulations...

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