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RIGGSBEE v. BELL

Appeal No. 85-2105.

787 F.2d 1564 (1986)

Johnnie Mae RIGGSBEE, Appellant, v. Terrel H. BELL, Secretary, Department of Education, and American College Testing Program, Appellees.

United States Court of Appeals, Federal Circuit.

April 3, 1986.

Attorney(s) appearing for the Case

Anthony Z. Roisman, Washington, D.C., argued, for appellant. With him on brief, was Susan J. Vogel.

A. Patricia Frohman, Asst. U.S. Atty., Dept. of Justice, Washington, D.C., argued, for appellee Bell. With her on brief, were Joseph E. Digenova, U.S. Atty., Royce C. Lamberth, R. Craig Lawrence and Michael J. Ryan, Asst. U.S. Attys., Harold Jenkins and Stephen M. Kraut, U.S. Dept. of Educ., Washington, D.C., of counsel.

Joyce E. Reback, Washington, D.C., argued, for appellee ACTP.

Before FRIEDMAN and DAVIS, Circuit Judges, and MILLER, Senior Circuit Judge.

FRIEDMAN, Circuit Judge.

The principal issue in this case, here on appeal from the United States District Court for the District of Columbia, is whether section 483(a) of the Higher Education Act of 1965, as amended, 20 U.S.C. § 1090(a) (1982), precludes the charging of a fee for the processing of any application by a post-secondary school student for federal aid. The district court held that section 483(a) does not contain such a broad bar but prohibits charging...

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