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HALPERIN v. REGIONAL ADJUSTMENT BUREAU, INC.

No. 98-5917.

206 F.3d 1063 (2000)

Ronny J. HALPERIN, Plaintiff-Counter-Defendant-Appellee, v. REGIONAL ADJUSTMENT BUREAU, INC., United Student Aid Funds, Inc., Defendants-Appellants, United States Department of Education, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 15, 2000.

Attorney(s) appearing for the Case

Freddi Lipstein, U.S. Dept. of Justice, Civil Div., Washington, DC, for U.S. Dept. of Educ.

William G. Edwards, Marlow, Connell, Valerius, Abrams & Adler, Stanley Kiszkiel, Whelan & DeMaio, P.A., Miami, FL, William Kanter, Dept. of Justice, Civil Appellate. Div., Susan L. Pacholski, Washington, DC, Samuel D. Walker, Craig Daniel Turk, Wiley, Rein & Fielding, Washington, DC, for Defendants-Appellants.

Dennis A. Nowak, Jeffrey Allen Tew, Tew & Nowak, Mark D. Press, Mark David Press, P.A., Miami, FL, for Halperin.

Elisabeth H. Sperow, Washington, DC, Adalberto Jordan, Miami, FL, for Amicus Curiae National Council of Higher Educ. Loan Programs.

Before BIRCH and MARCUS, Circuit Judges, and ALAIMO, Senior District Judge.

BIRCH, Circuit Judge:

The United States Department of Education ("Education"), United Student Aid Funds, Inc. ("USAF") and Regional Adjustment Bureau, Inc. ("RAB") (collectively, the "Creditors") appeal the district court's order rejecting the report and recommendation of the magistrate judge, denying their motions for summary judgment, and granting Ronny J. Halperin's ("Halperin's") motion for summary judgment. The district court issued a declaratory

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