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EDUC'L SERVICES v. MD. STATE BD. FOR HIGHER EDUC.

No. 82-1098.

710 F.2d 170 (1983)

EDUCATIONAL SERVICES, INC., A Maryland Corporation doing business as International Montessori Society and Lee Havis, Appellants, v. MARYLAND STATE BOARD FOR HIGHER EDUCATION; Seven (7) Members of the Maryland State Board for Higher Education, in their official capacities: Richard R. Kline; J. Harrison Ager; Lucy Keker; Thomas Maddux; Mary L. Nock; Louis Randall; Gertrude Crist; Sheldon Knorr, Commissioner, Maryland State Board for Higher Education, Joseph Durham, Staff Member, Maryland State Board for Higher Education, Robert Rogers, Staff Member, Maryland State Board for Higher Education, Clarence Baseman, Staff Member, Maryland State Board for Higher Education, Maryland State Board of Education, David Hornbeck, Superintendent of Schools — Maryland State Board of Education, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 23, 1983.

Attorney(s) appearing for the Case

Lee Havis, Silver Spring, Md., for appellants.

Ellen M. Heller, Asst. Atty. Gen., Baltimore, Md. (Stephen H. Sachs, Atty. Gen. of Maryland, Susan B. Blum, Susan J. Mathias, Asst. Attys. Gen., Judith A. Wood, Staff Atty., Baltimore, Md., on brief), for appellees.

Before WINTER, Chief Judge, ERVIN, Circuit Judge, and ALDRICH, Senior Circuit Judge.

HARRISON L. WINTER, Chief Judge:

Faced with a broad-ranging and intricate constitutional challenge to Maryland's certification process governing the operation of a private teacher training school, the district court abstained, dismissing the suit. Plaintiffs appeal, contending principally that this suit is not among the various situations in which abstention is warranted. We agree. Plaintiffs also contend that they were entitled to a default judgment. Although we...

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