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WESTERN RESERVE ACADEMY v. U.S.

No. 85-3861.

801 F.2d 250 (1986)

WESTERN RESERVE ACADEMY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 17, 1986.

Attorney(s) appearing for the Case

David P. Monson, Tax Div., U.S. Dept. of Justice, Washington, D.C., Michael L. Paup, Glenn L. Archer, Jr., Roger M. Olsen, Ann Durney, Kenneth L. Greene (argued), for defendant-appellant.

Gilbert V. Kelling, Jr. (argued), Billings, Mont., Steven L. Gardner, McDonald, Hopkins, & Hardy, Cleveland, Ohio, for plaintiff-appellee.

Before MARTIN and GUY, Circuit Judges, and SUHRHEINRICH, District Judge.

PER CURIAM.

The government appeals from an adverse district court decision, 619 F.Supp. 394 which followed the filing of cross-motions for summary judgment based on stipulated facts. Thus, the issue before this court is precisely the same as that presented to the district court — whether cash tuition assistance awards paid to Western Reserve faculty members for use in defraying the undergraduate college expenses of their...

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