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BOARD OF ED. OF CITY SCH., ETC. v. CALIFANO

No. 78-C-2135.

464 F.Supp. 1114 (1979)

BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF the CITY OF NEW YORK et al., Plaintiffs, v. Joseph CALIFANO, Jr., Secretary of the Department of Health, Education and Welfare, et al., Defendants.

United States District Court, E. D. New York.

January 10, 1979.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corp. Counsel of the City of New York, New York City, for plaintiffs; Joseph F. Bruno, Gregg M. Mashberg, New York City, of counsel.

Edward R. Korman, U. S. Atty., E. D. New York, Brooklyn, N. Y., Richard P. Caro, Asst. U. S. Atty., Brooklyn, N. Y., for defendants; Steven E. Obus, Asst. Regional Atty., Department of Health, Education and Welfare, Washington, D. C., of counsel.

AMENDED MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

An application by the plaintiff, the New York City Board of Education, for 1978-79 funding under the Emergency School Aid Act (ESAA), 20 U.S.C. § 1601 et seq. (Supp. II 1972) has been denied by the defendant, the Department of Health, Education and Welfare (HEW) on the ground that the Board is ineligible because it "had in effect . . . [a] practice, policy or procedure" of discrimination...

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