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ASS'N OF PRIVATE SECTOR COLLEGES v. DUNCAN

Nos. 11-5174, 11-5230.

681 F.3d 427 (2012)

ASSOCIATION OF PRIVATE SECTOR COLLEGES AND UNIVERSITIES, Appellant v. Arne DUNCAN, in his Official Capacity as Secretary of the Department of Education and the United States Department of Education, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 5, 2012.

Attorney(s) appearing for the Case

Douglas R. Cox argued the cause for appellant/cross-appellee. With him on the briefs were Timothy J. Hatch , Nikesh Jindal , and Derek S. Lyons.

Joshua Waldman , Attorney, U.S. Department of Justice, argued the cause for appellees/cross-appellants. With him on the briefs were Tony West , Assistant Attorney General, Ronald C. Machen, Jr. , U.S. Attorney, and Michael S. Raab , Attorney.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

EDWARDS, Senior Circuit Judge:

Every year, Congress provides billions of dollars through loan and grant programs to help students pay tuition for their postsecondary education. The Department of Education ("the Department" or "the agency") administers these programs, which were established under Title IV of the Higher Education Act of 1965 ("the HEA" or "the Act"), Pub.L. No. 89-329, 79 Stat. 1219, 1232-54. Students must repay their federal loans; the costs of unpaid...

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