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KEAMS v. TEMPE TECHNICAL INSTITUTE, INC.

No. 92-16349.

39 F.3d 222 (1994)

Grace KEAMS; Jolene Cordero; Pandora Lee; Bunny McCorkey, Individually and on Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. TEMPE TECHNICAL INSTITUTE, INC., Defendant, and Accrediting Bureau of Health Education Schools/Program, (ABHES); National Association of Trade and Technical Schools, (NATTS), Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 31, 1994.

Attorney(s) appearing for the Case

Bruce A. Burke (argued), O'Dowd, Burke & Lundquist, Tucson, AZ, and Judy Flanagan (on the briefs), Urban Indian Law Office, Phoenix, AZ, for plaintiffs-appellants.

Paul G. Johnson (argued), and David C. Tierney (on the briefs), Sacks, Tierney & Kasen, Phoenix, AZ, for defendant-appellee Accrediting Bureau of Health Educ. Schools.

Mark L. Pelesh (argued), Cohn & Marks, Washington, DC and David L. White (on the briefs), Jennings, Strouss & Salmon, Phoenix, AZ, for defendant-appellee Nat. Ass'n of Trade and Technical Schools.

Before: POOLE, BEEZER and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

This case poses one question. Does the Higher Education Act, 20 U.S.C. § 1001 et seq., preempt state tort claims by students against school accrediting associations? We conclude that it does not.

I. Facts

The action was dismissed in district court for failure to state a claim upon which relief can be granted, pursuant to Federal Rule of Civil Procedure 12(b)(6). The district court did not reach the question of...

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