USA GROUP LOAN SERVICES, INC. v. RILEY

No. 95-3095.

82 F.3d 708 (1996)

USA GROUP LOAN SERVICES, INCORPORATED, USA Group Guarantee Services, Incorporated, and USA Group Enterprises, Incorporated, doing business as USA Group Enrollment Financial Aid Services, Plaintiffs-Appellants, v. Richard W. RILEY, in his official capacity as Secretary of the United States Department of Education, and the United States Department of Education, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 25, 1996.


Attorney(s) appearing for the Case

Max W. Hittle, Matthew C. Breman, Krieg, Devault, Alexander & Capehart, Indianapolis, IN, Fred F. Fielding, Samuel D. Walker (argued), David R. Hill, Lara Levinson, Wiley, Rein & Fielding, Washington, DC, David B. Boodt, Fishers, IN, Edward R. Schmidt, USA Group, Incorporated, Office of General Counsel, Fishers, IN, for Plaintiffs-Appellants.

Sue Hendricks Bailey, Office of the United States Attorney, Indianapolis, IN, Barbara C. Biddle, Lowell Sturgill (argued), Department of Justice, Civil Division, Appellate Section, Washington, DC, Sheila Lieber, Department of Justice, Civil Division, Washington, DC, Howard D. Sorenson, United States Department of Education, Washington, DC, for Defendants-Appellees.

Before POSNER, Chief Judge, and DIANE P. WOOD and EVANS, Circuit Judges.


POSNER, Chief Judge.

The federal government has an enormous program, administered by the Department of Education, of subsidizing student loans. The loans are made by banks but are guaranteed by state and private agencies that have reinsurance contracts with the Department, making it the indirect guarantor of the loans and thus inducing banks to make what would otherwise be risky loans. The proceeds of the loans are used to pay tuition and other expenses; so the colleges...

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