MILDRED ELLEY BUSINESS SCHOOL, INC. v. RILEY

No. 96-CV-1968 (FJS).

975 F.Supp. 434 (1997)

MILDRED ELLEY BUSINESS SCHOOL, INC., Plaintiff, v. Richard W. RILEY, Secretary of the United States Department of Education, Defendant.

United States District Court, N.D. New York.

August 22, 1997.


Attorney(s) appearing for the Case

Hinman & Straub, Albany, NY, for Plaintiff; Eileen Considine, of counsel.

Ritzert & Leyton, P.C., Fairfax, VA, for Plaintiff; Peter S. Leyton, of counsel.

Thomas J. Maroney, U.S. Atty., Northern District of New York, Albany, NY, for Defendant; Thomas Spina, Jr., Asst. U.S. Atty., of counsel.

United States Department Of Education, Office of the General Counsel, Washington, DC, for Defendant; Pamela Gault, of counsel.


MEMORANDUM-DECISION AND ORDER

SCULLIN, District Judge.

Introduction

This is an action seeking judicial review of an administrative agency decision under the Higher Education Act ("HEA"), 20 U.S.C. § 1001 et seq., the Administrative Procedure Act ("APA"), 5 U.S.C. § 500 et seq., and the Due Process Clause of the Fifth Amendment to the United States Constitution. The Plaintiff is a private post-secondary educational institution with campuses...

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