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STATE OF COLO. v. CAVAZOS

No. 90-1298.

962 F.2d 968 (1992)

STATE OF COLORADO; State of Montana; New Mexico Student Loan Guarantee Corporation; State of Utah; and State of North Dakota, Plaintiffs/Appellants, v. Lauro F. CAVAZOS, Secretary of the United States Department of Education, and United States Department of Education, Defendants/Appellees.

United States Court of Appeals, Tenth Circuit.

April 17, 1992.

Attorney(s) appearing for the Case

David P. Temple, Asst. Atty. Gen., State of Colo., Denver, Colo. (Gale A. Norton, Atty. Gen., Duane Woodward, Former Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Paul Farley, Deputy Atty. Gen., Wade Livingston, First Asst. Atty. Gen., Richard H. Forman, Sol. Gen., Tim M. Tymkovich, Sol. Gen., State of Colo., with him on the brief), for plaintiffs-appellants.

Neil H. Koslowe, Atty., Dept. of Educ., Washington, D.C. (Stuart M. Gerson, Asst. Atty. Gen., William Kanter, Deputy Director, Dept. of Justice, Edward C. Stringer, General Counsel, Harold Jenkins, Atty., Brian Siegel, Atty., Dept. of Educ., with him on the brief), for defendants-appellees.

Before ANDERSON, and BALDOCK, Circuit Judges, and ALDON J. ANDERSON, District Judge.

ALDON J. ANDERSON, District Judge.

Plaintiffs-appellants seek this court's determination that the district court erred in granting defendants-appellees motion for summary judgment and dismissing the complaint. The issue presented is whether the 1987 amendments to provisions of the Higher Education Act of 1965 governing the Guaranteed Student Loan Program ("GSLP")1 resulted in a governmental taking of private property without fair compensation...

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