MICROCOMPUTER TECHNOLOGY INSTITUTE v. RILEY

No. 97-20329.

139 F.3d 1044 (1998)

MICROCOMPUTER TECHNOLOGY INSTITUTE, Plaintiff-Counter Defendant-Appellee, v. Richard W. RILEY, Secretary of Education, and United States Department of Education, Defendants-Counter Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 27, 1998.


Attorney(s) appearing for the Case

John David Thompson, III, Raymond L. Gregory, Bracewell & Patterson, Houston, TX, for Plaintiff-Counter Defendant-Appellee.

Irene M. Solet, Barbara C. Biddle, U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, for Riley and U.S. Dept. of Educ.

Before JONES and SMITH, Circuit Judges, and FITZWATER, District Judge.


JERRY E. SMITH, Circuit Judge:

I.

Microcomputer Technology Institute ("MTI") is an accredited for-profit vocational-technical school. In the late 1980's, MTI entered into an agreement with certain privately operated prison facilities in Texas to provide training programs for inmates. Under the agreement, and under the terms of its exemption from certain state licensing requirements, MTI was obligated to provide its programs to inmates regardless of their...

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