CONTINENTAL TRAINING SERVICES, INC. v. CAVAZOS

Nos. 89-1694, 89-1799.

893 F.2d 877 (1990)

CONTINENTAL TRAINING SERVICES, INC. d/b/a Superior Training Services, Plaintiff-Appellee, v. Lauro CAVAZOS, Secretary of Education, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 10, 1990.


Attorney(s) appearing for the Case

Don A. Tabbert, Tabbert & Ford, Indianapolis, Ind., Randall J. Turk, Herbert J. Miller, Jr., Martin D. Minsker (argued), Miller, Cassidy, Larroca & Lewin, Washington, D.C., for plaintiff-appellee.

Deborah J. Daniels, U.S. Atty., Charles Goodloe, Jr., Asst. U.S. Atty., Timothy M. Morrison, Indianapolis, Ind., Douglas Letter (argued), William Kanter, Dept. of Justice, Civ. Div., Appellate Staff, Michael F. Hertz, Stephen D. Altman, Marie Therese Connolly, Linda M. Anderson, U.S. Dept. of Justice, Civ. Div. Washington, D.C., for defendants-appellants.

Before BAUER, Chief Judge, and CUDAHY and KANNE, Circuit Judges.


CUDAHY, Circuit Judge.

This case turns upon the proper interpretation of the word "otherwise" — and upon the degree of deference owed to the interpretation of the United States Department of Education (the "DE," the "Department"), the agency charged with administering the statute in which the word appears. If we accept the Department's reading of the word "otherwise," we must reverse the district court's grant of summary...

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