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HICKS v. CALIFANO

Civ. A. No. C76-791A.

450 F.Supp. 278 (1977)

Robert E. HICKS, as Trustee of North American Acceptance Corporation, Plaintiff, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, and Dr. Ernest L. Boyer, U. S. Commissioner of Education, Defendants.

United States District Court, N. D. Georgia, Atlanta Division.

June 27, 1977.

Attorney(s) appearing for the Case

Hicks, Maloof & Campbell, Atlanta, Ga., for plaintiff.

John W. Stokes, Jr., U. S. Atty., Julian M. Longley, Jr., Asst. U. S. Atty., Carl H. Harper, Regional Atty., U. S. Dept. of Health, Education and Welfare, Steven J. Edelstein, Alvin N. Jaffe, Asst. Regional Attys., Atlanta, Ga., for defendants.

ORDER ON MOTIONS FOR SUMMARY JUDGMENT BY PLAINTIFF AND DEFENDANT

HOOPER, Senior District Judge.

I. STATEMENT OF THE CASE

Plaintiff, as Trustee in Bankruptcy for North American Acceptance Corporation, filed a complaint on May 4, 1976 which was amended on November 3, 1976. Said complaint in Three Counts alleged that a contract of insurance existed between North American Acceptance Corporation and the defendants covering certain student loans, and...

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