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STUDENT LOAN FUND OF IDAHO v. U.S. DEPT. OF EDUC.

Nos. 99-36035, 99-36078, 00-35310 and 00-35524.

272 F.3d 1155 (2001)

STUDENT LOAN FUND OF IDAHO, INC., Plaintiff-Counter-Claim-Defendant-Appellee-Cross-Appellant, v. U.S. DEPARTMENT OF EDUCATION, Defendant-Appellant-Cross-Appellee, and Dr. Roderick R. Paige, in his official capacity as Secretary of the United States Department of Education, Defendant-Counter-Claimant-Plaintiff-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 4, 2001.

Attorney(s) appearing for the Case

Rory R. Jones, Boise, Idaho, for the plaintiff-counter-claim-defendant-appellee-cross-appellant.

Howard S. Scher, Department of Justice, Washington, D.C., for the defendant-counter-plaintiff-appellant-appellee and defendant-appellant-cross-appellee.

Before: BROWNING, WALLACE, and T.G. NELSON, Circuit Judges.

WALLACE, Circuit Judge:

In this appeal, we are asked to interpret a difficult contract and attempt to divine what the Congress meant in portions of the Higher Education Act (Act). The importance of the issues cannot be gainsaid, as they deal with loans to post-secondary students.

We suppose the complexity of the case is demonstrated by the fact that both parties appeal from the judgment of the district court. The...

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