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BOSARGE v. U.S. DEPT. OF EDUC.

No. 92-7053.

5 F.3d 1414 (1993)

Clarence BOSARGE, Plaintiff-Counterclaim-Defendant-Appellee, v. UNITED STATES DEPARTMENT OF EDUCATION, Defendant-Appellant, Higher Education Assistance Foundation, Defendant-Counterclaim-Plaintiff, United States of America, Internal Revenue Service, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 1, 1993.

Attorney(s) appearing for the Case

Irene M. Solet, William Kanter, Appellate Staff, Civil Div., Dept. of Justice, Washington, DC, for appellants.

Christopher Knight, Joseph E. Carr, IV, Legal Services Corporation of Alabama, Mobile, AL, for appellee.

Before TJOFLAT, Chief Judge, DUBINA, Circuit Judge, and PAINE, Senior District Judge.

PAINE, Senior District Judge:

Defendants-Appellants, United States of America and United States Department of Education appeal a judgment entered by the United States District Court for the Southern District of Alabama. For the reasons stated below, we reverse and remand to the district court for the entry of judgment for Appellants.

Facts

On July 10, 1986, Plaintiff-Appellee, Clarence Bosarge ("Bosarge"), executed a promissory note and received...

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