Legal Opinion

Commonwealth of Massachusetts, Department of Education v. United States Department of Education

Court of Appeals for the First Circuit

Decided January 27, 1988No. 87-1385PublishedCited by 32 opinions

1Opinion of the Court

SELYA, Circuit Judge.

This proceeding is the culmination of a struggle between state and federal sovereigns, fought against the backdrop of Part B of the Education of the Handicapped Act, 20 U.S.C. § 1400 et seq., §§ 1411-1420 (“EHA-B”). The protagonists are the Massachusetts Department of Education (hereinafter sometimes “MassEd” or “the Commonwealth”) and the United States Department of Education (“FedEd”). After much preliminary skirmishing, FedEd’s chief executive officer, the Secretary of Education (“Secretary”), determined that MassEd had impermissibly retained and reallocated certain…

2Cases cited15 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. Udall v. TallmanSupreme Court of the United States · 1965
  4. Clarke v. Securities Industry Assn.Supreme Court of the United States · 1987
  5. Ford Motor Credit Co. v. MilhollinSupreme Court of the United States · 1980

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3Cited by32 opinions

  1. George Kwatcher v. Massachusetts Service Employees Pension FundCourt of Appeals for the First Circuit · 1989
  2. Nancy Strickland v. Commissioner, Maine Department of Human Services v. Secretary, U.S. Department of Agriculture, Third-PartyCourt of Appeals for the First Circuit · 1995
  3. United States v. George Labonte, United States of America v. David E. Piper, United States of America v. Alfred Lawrence Hunnewell, Stephen Dyer v. United StatesCourt of Appeals for the First Circuit · 1995
  4. Joyce A.H. KEYES, Plaintiff, Appellant, v. SECRETARY OF THE NAVY, Et Al., Defendants, AppelleesCourt of Appeals for the First Circuit · 1988
  5. Shaw's Supermarkets, Inc. v. National Labor Relations BoardCourt of Appeals for the First Circuit · 1989

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