THOMAS v. BENNETT

No. 87-5273.

856 F.2d 1165 (1988)

Deborah THOMAS, on Behalf of herself and all other persons similarly situated, Appellant, v. William BENNETT, Secretary of the United States Department of Education, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 15, 1988.


Attorney(s) appearing for the Case

Timothy L. Thompson, Minneapolis, Minn., for appellant.

Harold B. Jenkins, Washington, D.C., for appellee.

Before LAY, Chief Judge, BROWN, Senior Circuit Judge, and BEAM, Circuit Judge.


BEAM, Circuit Judge.

This appeal challenges the authority of the Secretary of Education (the Secretary) to collect defaulted federally guaranteed student loans through offset against borrowers' federal income tax refunds after the statute of limitations on judicial enforcement of the obligation has run. The district court1 determined that such action is permitted under the pertinent federal statutes and granted summary judgment in favor...

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