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U.S. v. BOARD OF TRUSTEES FOR U. OF ALA.

No. 89-7148.

908 F.2d 740 (1990)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. The BOARD OF TRUSTEES FOR the UNIVERSITY OF ALABAMA, a public corporation, Thomas A. Bartlett, Chancellor of the University of Alabama, and Dr. Charles A. McCallum, Jr., Acting President of the University of Alabama in Birmingham, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 8, 1990.

Attorney(s) appearing for the Case

Ina B. Leonard, University of Alabama at Birmingham, Robert L. Potts, Hattie E. Kaufman, Birmingham, Ala., for defendants-appellants, cross-appellees.

Frank W. Donaldson, U.S. Atty., Caryl P. Privett, Asst. U.S. Atty., Birmingham, Ala., Mark L. Gross, David K. Flynn, James P. Turner, Dept. of Justice, Appellate Section, Washington, D.C., for plaintiff-appellee, cross-appellant.

Before CLARK, Circuit Judge, RONEY, Senior Circuit Judge, and ATKINS, Senior District Judge.

CLARK, Circuit Judge:

This case requires us to determine the validity of certain portions of the regulations implementing section 504 of the Rehabilitation Act of 1973 promulgated by the Department of Health, Education and Welfare ("HEW"). The University of Alabama at Birmingham ("UAB") appeals the district court's order permanently enjoining UAB from denying auxiliary aids to handicapped students based on consideration of their financial ability, and from failing...

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