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OHIO STUDENT LOAN COM'N v. CAVAZOS

Nos. 89-3168, 89-3238.

900 F.2d 894 (1990)

OHIO STUDENT LOAN COMMISSION, Plaintiff-Appellee, v. Lauro F. CAVAZOS, Secretary of the United States Department of Education; and United States Department of Education, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 2, 1990.

Attorney(s) appearing for the Case

Kevin L. Shoemaker (argued), Lawrence J. Miltner, Asst. Atty. Gen., Office of the Atty. Gen., Columbus, Ohio, for plaintiff-appellee.

James E. Rattan, Asst. U.S. Atty., Office of the U.S. Atty., Columbus, Ohio, Harold Jenkins, Brian Siegel, Steven Winnick, Dept. of Educ., Neil H. Koslowe (argued), U.S. Dept. of Justice, Civil Div., Washington, D.C., for defendants-appellants.

Before KEITH, JONES and GUY, Circuit Judges.

NATHANIEL R. JONES, Circuit Judge.

Defendants-appellants, Lauro F. Cavazos, the Secretary of the Department of Education (DOE), and the DOE, appeal judgment and denial of Fed.R.Civ.P. 60(b) relief in this action challenging the constitutionality of certain 1987 Amendments to the Higher Education Act of 1965. For the following reasons, we reverse the grant of summary judgment.

I.

The Higher Education Act of 1965, as amended, 20 U.S.C. § 1071...

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