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GEORGIA STUDENT FINANCE COM'N v. CAVAZOS

Civ. A. No. 1:89-cv-160-MHS.

741 F.Supp. 899 (1990)

GEORGIA STUDENT FINANCE COMMISSION, et al., Plaintiffs, v. Lauro F. CAVAZOS, in his official capacity as Secretary of Education, et al., Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

July 9, 1990.

Attorney(s) appearing for the Case

Patricia T. Barmeyer, William Bradley Hill, Jr., Office of State Atty. Gen., Nancy M. Gallagher, Office of Georgia Secretary of State, Atlanta, Ga., Leigh M. Manasevit, Brustein & Manasevit, Washington, D.C., for plaintiffs, Ga. Student Finance Com'n, Ga. Higher Educ. Assistance Corp. and Ga. Student Finance Authority.

Amy Berne Kaminshine, Office of U.S. Atty., N.D.Ga., Atlanta, Ga., Neil H. Koslowe, U.S. Dept. of Justice, Civ. Div., Stephen Y. Winnick, Harold Jenkins and Brian Siegel, U.S. Dept. of Educ., Washington, D.C., for defendants Lauro F. Cavazos, Secretary of Educ. and U.S. Dept. of Education.

ORDER

SHOOB, District Judge.

Plaintiffs filed this declaratory judgment action challenging the constitutionality of the 1987 Amendments to the Higher Education Act of 1965 (the "Amendments") which require the transfer of excess reserves held by guarantors participating in the Guaranteed Student Loan Program to the United States Department of Education ("DOE"). Plaintiffs also allege that defendants have breached their contracts with plaintiffs and have acted...

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