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JACKSON v. CULINARY SCHOOL OF WASHINGTON

Civ. A. No. 91-782 (CRR).

811 F.Supp. 714 (1993)

Michael JACKSON, et al., Plaintiffs, v. CULINARY SCHOOL OF WASHINGTON, et al., Defendants.

United States District Court, District of Columbia.

January 6, 1993.

Attorney(s) appearing for the Case

Paul Fiscella of Northern Virginia Legal Services, Alexandria, VA, for plaintiffs.

Mark E. Shure of McDermott, Will & Emery, with whom Amy E. Hancock, Chicago, IL, was on the brief, for defendant Higher Educ. Assistance Foundation.

Mark B. Bierbower of Hunton & Williams, with whom Virginia W. Powell and Russell R. Johnson, III, Washington, DC, were on the brief, for defendant Crestar Bank.

Laurie J. Pangle of Fifth Third Bank of Toledo, N.A., Toledo, OH, for defendant Fifth Third Bank of Toledo, N.A.

Michael R. Hatcher of Israel & Raley, Chartered, Washington, DC, with whom David J. Hanson and Ann Ustad Smith of Michael, Best & Friedrich were on the brief; Richard D. George of Great Lakes Higher Educ. Ass'n, Madison, WI, was of counsel, for defendant Great Lakes Higher Educ. Ass'n.

W. Scott Davis of Bruckner, O'Gara, Keating, Sievers & Hendry, Lincoln, NE, with whom Saul L. Moskowitz of Clohan & Dean, Washington, DC, and Paul R. Dean of Reed, Smith, Shaw & McClay, McLean, VA, were on the brief, for defendant Nebraska Student Loan Program.

W. Scott Davis of Bruckner, O'Gara, Keating, Sievers & Hendry, Lincoln, NE, with whom Paul R. Dean of Reed, Smith, Shaw & McClay, McLean, VA, was on the brief, for defendant Texas Guaranteed Student Loan Program.

Leslie H. Wiesenfelder of Dow, Lohnes & Albertson, Washington, DC, for defendant Ohio Student Loan Com'n.

Fred E. Haynes, Asst. U.S. Atty., Dist. of Columbia, with whom were Jay B. Stephens, U.S. Atty., John D. Bates, Asst. U.S. Atty., on the brief; Fred Marinucci and Natalia Leons, of Office of General Counsel, Dept. of Educ., Washington, DC, were of counsel, for defendant Secretary of Educ.

Richard C. Kast, Asst. Atty. Gen., State of Va., with whom was Mary Sue Terry, Atty. Gen. of State of Va., Richmond, VA, on the brief, for defendant Virginia State Educ. Assistance Authority.

                                       TABLE OF CONTENTS

I.    INTRODUCTION ......................................................................  717

II.   DISCUSSION ........................................................................  719

      A. Because the Defendants have established the absence of any specific
          facts tending to show the existence of an agency relationship between
          the Department of Education...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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