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BARTELS v. ALABAMA COMMERCIAL COLLEGE, INC.

No. 94-8607.

54 F.3d 702 (1995)

Eddie BARTELS, individually and on behalf of all others similarly situated, Alethia Pinkney, individually and on behalf of all others similarly situated, Shirley Travis, individually and on behalf of all others similarly situated, Iris Huss, individually and on behalf of all others similarly situated, Sharon Davis, individually and on behalf of all others similarly situated, Leonie Smart, individually and on behalf of all others similarly situated, Mary L. Manley, individually and on behalf of all others similarly situated, Doretha Young, individually and on behalf of all others similarly situated, Ruby C. Carr, individually and on behalf of all others similarly situated, Alfreda C. Bantum, individually and on behalf of all others similarly situated, Vera Burson, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. ALABAMA COMMERCIAL COLLEGE, INC., dba Riley Training Institute of Savannah, Waycross and Brunswick, Georgia, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 13, 1995.

Attorney(s) appearing for the Case

Murphy A. Cooper, III, James F. Bass, Jr., William K. Broker, Savannah, GA, Jon Smith, Laurie Scott, Brunswick, GA, Jim Murphy, Waycross, GA, Lisa J. Krisher, Phyllis J. Holmen, Atlanta, GA, for appellants.

Melissa S. Mundell, Asst. U.S. Atty., Savannah, GA, for Dept. of Educ.

Lisa Godbey, Gilbert, Harrell, Gilbert, Sumerford & Martin, P.C., Brunswick, GA, Joseph P. Esposito, P.C., Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, DC, for Student Loan Marketing.

Charles S. Johnson, III, Peterson, Dillard, Young, Asselin, Powell & Wilson, Atlanta, GA, for GA. Higher Educ. Assistance Corp.

Elizabeth A. Kessler, Barbara C. Biddle, U.S., Dept. of Justice, Civ. Div., Appellate Staff, Washington, DC, for Dept. of Educ. and Higher Educ. Assistance Foundation.

Before HATCHETT, Circuit Judge, HENDERSON, Senior Circuit Judge, and YOUNG, Senior District Judge.

HATCHETT, Circuit Judge:

Appellants, Eddie Bartels and other former students of Alabama Commercial College, filed this action seeking rescission of their student loan contracts and other relief. The district court dismissed their amended complaint for lack of subject matter jurisdiction. We reverse.

FACTS

Appellants, members of a putative class, are former students of the now defunct Alabama Commercial College that did business as Riley Training...

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