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ATLANTA COLLEGE OF MED. AND DEN. CAREERS v. RILEY

Nos. 92-5251, 92-5291.

987 F.2d 821 (1993)

ATLANTA COLLEGE OF MEDICAL AND DENTAL CAREERS, INC., et al., Appellee, v. Richard W. RILEY, Secretary of Education, in his Official Capacity, Appellant. WILFRED AMERICAN EDUCATIONAL CORPORATION, doing business as Wilfred Academy of Hair and Beauty Culture, Plaintiff-Appellee, v. Richard W. RILEY, Secretary of Education, in his Official Capacity, Defendant-Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 12, 1993.

Attorney(s) appearing for the Case

Robert L. Shapiro, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Richard Wyner, Deputy General Counsel and Brian P. Siegel, Attorney, U.S. Dept. of Educ., Washington, DC, were on the brief for the Secretary of Educ.

Jonathan B. Hill, with whom Michael B. Goldstein, Blain B. Butner, and Karen A. Post, Washington, DC, were on the brief, for appellees Atlanta College of Medical and Dental Careers, Inc., and Louisville College of Medical and Dental Careers, Inc.

Robert B. Funkhouser, New York City, with whom John M. Townsend and William R. Stein, Washington, DC, were on the brief, for Wilfred American Educational Corp.

Ian D. Volner and N. Frank Wiggins, Washington, DC, entered an appearance for amicus curiae Career College Ass'n.

Before WALD, SILBERMAN and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

Opinion concurring in the judgment filed by Circuit Judge D.H. GINSBURG.

WALD, Circuit Judge:

In this consolidated appeal, the Secretary of Education ("Secretary") seeks reversal of two district court decisions. Both decisions relate to the Secretary's handling of administrative appeals brought by post-secondary schools seeking to maintain their eligibility to participate in federal student loan programs...

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