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RASCHE v. BOARD OF TRUSTEES OF UNIVERSITY OF ILLINOIS

No. 71 C 2959.

353 F.Supp. 973 (1972)

Jeanne RASCHE, Plaintiff, v. BOARD OF TRUSTEES OF the UNIVERSITY OF ILLINOIS et al., Defendants.

United States District Court, N. D. Illinois, E. D.

December 21, 1972.

Attorney(s) appearing for the Case

George M. Covington, Donald L. Johnson, Ms. Chloe Arlan, Edward Parsons of A.C.L.U., Chicago, Ill., for plaintiff.

James T. Otis, James J. Costello, Richard F. Prendergast and Robert C. Keck, of Price, Cushman, Keck & Mahin, James R. Thompson, U. S. Atty., Chicago, Ill., for defendants.

Before KILEY, Circuit Judge, and WILL and McMILLEN, District Judges.

OPINION

WILL, District Judge.

Plaintiff seeks a declaration that section 504(a) of the Higher Education Act, as amended, 20 U.S.C. § 1060(a), is unconstitutional on its face and as applied to her, as well as an injunction restraining defendants and their agents from enforcing the statute against her. The section in question provides in pertinent part as follows:

(a) If an institution of higher education determines, after affording notice and...

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