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BENNETT v. KENTUCKY DEPT. OF EDUCATION

No. 83-1798.

470 U.S. 656 (1985)

105 S.Ct. 1544

84 L.Ed.2d 590

BENNETT, SECRETARY OF EDUCATION v. KENTUCKY DEPARTMENT OF EDUCATION

Supreme Court of United States.

Decided March 19, 1985

Attorney(s) appearing for the Case

Deputy Solicitor General Geller argued the cause for petitioner. With him on the briefs were Solicitor General Lee and Harriet S. Shapiro.

Robert L. Chenoweth, Assistant Deputy Attorney General of Kentucky, argued the cause for respondent. With him on the brief was David L. Armstrong, Attorney General.*

Briefs of amici curiae urging affirmance were filed for the State of Texas et al. by Richard L. Arnett, Jim Mattox, Attorney General of Texas, David Richards, Executive Assistant Attorney General, J. Patrick Wiseman, Assistant Attorney General, Thomas J. Miller, Attorney General of Iowa, Stephen H. Sachs, Attorney General of Maryland, Paul L. Douglas, Attorney General of Nebraska, Brian McKay, Attorney General of Nevada, William E. Isaeff, Chief Deputy Attorney General, and L. Duane Woodard, Attorney General of Colorado; and for the National Association of Counties et al. by Joyce Holmes Benjamin and Stewart A. Baker.

JUSTICE O'CONNOR delivered the opinion of the Court.†

This case, like Bennett v. New Jersey, ante, p. 632, concerns an effort by the Federal Government to recover Title I funds that were allegedly misused by a State. There is no contention here that changes in statutory provisions should apply to previous grants. Instead, the dispute is whether the Secretary correctly demanded repayment based on a determination that...

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