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STATE OF IOWA v. CAVAZOS

No. 91-1423.

949 F.2d 1496 (1991)

STATE OF IOWA, ex rel. IOWA COLLEGE AID COMMISSION; Robert E. Phipps; Richard H. Blacker; John V. Hartung; William L. Lepley; Michelle Moore; R. Wayne Richey; Ray Taylor; Marilyn R. Tucker, Appellants, v. Lauro F. CAVAZOS, Secretary of U.S. Department of Education; United States Department of Education, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 5, 1991.

Attorney(s) appearing for the Case

Scott Galenbeck, Asst. Atty. Gen., Des Moines, Iowa, argued for appellants.

Neil Koslowe, Dept. of Justice, Washington, D.C., argued, for appellees.

Before WOLLMAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and ROSS, Senior Circuit Judge.

PER CURIAM.

The Iowa College Aid Commission (College Aid) is a state agency that administers and guarantees student loans. College Aid brought suit alleging that the Secretary of Education had improperly demanded the return of College Aid's cash reserves in excess of two percent of guaranteed loans outstanding pursuant to 20 U.S.C. § 1072(e).1

The district court2 determined that section 1072(e...

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