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UNIVERSITY OF MARYLAND v. CLELAND

No. 78-1211.

621 F.2d 98 (1980)

The UNIVERSITY OF MARYLAND, Appellant, v. Max CLELAND, Administrator of Veterans Affairs of the UNITED STATES; and Rufus H. Wilson, Deputy Administrator of Veterans Affairs; and Dorothy L. Starbuck, Chief Benefits Director of the Department of Veterans Benefits of the Veterans Administration; and A. H. Thornton, Director, Education and Rehabilitation Service of the Veterans Administration; and John P. Travers, Director, Veterans Administration Regional Office; The Veterans Administration, an agency of the UNITED STATES, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 15, 1980.

Attorney(s) appearing for the Case

Frank R. M. Young, College Park, Md., Atty. Gen. (Stephen H. Sachs, Atty. Gen. of Maryland, Michael W. Lower, Asst. Atty. Gen. of Maryland, Baltimore, Md., on brief), for appellant.

Robert E. Broyles, Veterans Administration (Russell T. Baker, Jr., U.S. Atty., Gale E. Rasin, Asst. U.S. Atty., Charles K. Yost, Dist. Counsel, Veterans Administration, Baltimore, Md., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, RUSSELL, Circuit Judge, and HOUCK, United States District Judge for the District of South Carolina, sitting by designation.

HAYNSWORTH, Chief Judge:

The University of Maryland sought review of a decision by the Administrator of Veterans' Affairs regarding the disbursement of VA In-Service Educational Benefit checks. The district court held that 38 U.S.C. § 211(a) precluded review, and dismissed for lack of subject matter jurisdiction. The sole question on this appeal is whether the district court has jurisdiction to entertain such a suit.

I.

The University conducts...

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