CORPORATION OF HAVERFORD COLLEGE v. REEHER

Civ. A. No. 70-2411.

329 F.Supp. 1196 (1971)

The CORPORATION OF HAVERFORD COLLEGE et al., Plaintiffs, v. Kenneth R. REEHER, individually and as Executive Director of the Pennsylvania Higher Education Assistance Agency, et al., Defendants.

United States District Court, E. D. Pennsylvania.

July 19, 1971.


Attorney(s) appearing for the Case

Lawrence Silver, Dilworth, Paxson, Kalish, Levy & Coleman, Louis M. Natali, Jr., Segal, Appel & Natali, Philadelphia, Pa., for plaintiffs.

John D. Killian, Killian & Gephart, Edward Friedman, Counsel Gen., Dept. of Justice, Harrisburg, Pa., J. Shane Creamer, Atty. Gen., for defendants.

Henry W. Sawyer, III, Philadelphia, Pa. (William A. Bradford, Jr., Washington, D. C., with him on brief), for United States National Student Association, Inc., amicus curiae.

Harris L. Wofford, Jr., Bryn Mawr, Pa., for twenty-eight colleges and universities, amicus curiae.

Howard Lesnick, Philadelphia, Pa. (Robert O'Neil, Berkeley, Cal., and Herman I. Orentlicher, Washington, D. C., with him on brief), for the American Association of University Professors, amicus curiae.

Before BIGGS, Circuit Judge, and LORD, and DITTER, District Judges.


OPINION

JOSEPH S. LORD, III, District Judge.

Plaintiffs, two colleges and twelve college or university students, seek a declaratory judgment that two Pennsylvania statutes, 24 Pa.Stat.Ann. §§ 5104.1, 5158.2 (1971),1 are unconstitutional and an injunction restraining officials of the Pennsylvania Higher Education Assistance Agency (PHEAA) from enforcing or otherwise acting under those statutes. This court has jurisdiction...

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