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R.I. HIGHER EDUC. v. SEC'Y, U.S. DEPT. OF EDUC.

No. 90-2118.

929 F.2d 844 (1991)

RHODE ISLAND HIGHER EDUCATION ASSISTANCE AUTHORITY, Plaintiff, Appellee, v. SECRETARY, U.S. DEPARTMENT OF EDUCATION, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided April 5, 1991.

Attorney(s) appearing for the Case

Neil H. Koslowe, Special Litigation Counsel, Civil Div., U.S. Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Washington, D.C., Lincoln C. Almond, U.S. Atty., Providence, R.I., William Kanter, Deputy Director, Edward C. Stringer, Gen. Counsel, U.S. Dept. of Educ., Harold Jenkins and Brian Siegel, Attys., Dept. of Educ., Washington, D.C., were on brief for defendants, appellants.

Joseph R. Palumbo, Jr., with whom Palumbo, Galvin & Boyle, Middletown, R.I., was on brief, for plaintiff, appellee.

Before TORRUELLA, SELYA and CYR, Circuit Judges.

SELYA, Circuit Judge.

This appeal requires that we consider, for the first time, whether the 1987 amendments to the Higher Education Act of 1965 (the Act), codified as amended at 20 U.S.C. §§ 1071-1098 (1988), can be applied to alter preexisting contractual rights conferred by the Act. The United States District Court for the District of Rhode Island said that the amendments could not be so utilized. Rhode Island Higher Educ. Assistance Auth. v. Cavazos...

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