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U.S. v. MIAMI UNIVERSITY

No. 00-3518.

294 F.3d 797 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. MIAMI UNIVERSITY; Ohio State University, Defendants-Appellees, The Chronicle of Higher Education, Intervening Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 27, 2002.

Attorney(s) appearing for the Case

Mark B. Stern (briefed), Alisa B. Klein (argued and briefed), U.S. Dept. of Justice Civ. Div., Appellate Sec., Washington, DC, for Plaintiff-Appellee.

Margaret R. Carmany (briefed), Gerald L. Draper (argued and briefed), Roetzel & Andress, Columbus, OH, for Defendants-Appellees.

Kenneth A. Zirm (briefed), Walter & Haverfield, Cleveland, OH, for Amici Curiae.

Adam E. Scurti (briefed), King, Hargrave, Scurt & Jack, Steubenville, OH, for Amici Curiae.

Marc D. Mezibov (argued and briefed), Laura A. Abrams (briefed), Christian A. Jenkins (briefed), Sirkin, Pinales, Mezibov & Schwartz, Cincinnati, OH, for Intervenor-Appellant.

Before SILER and MOORE, Circuit Judges; FORESTER, Chief District Judge.

OPINION

KARL S. FORESTER, Chief District Judge.

Intervening Defendant-Appellant The Chronicle of Higher Education ("The Chronicle") contests the district court's grant of summary judgment and subsequent permanent injunction in favor of Plaintiff-Appellee the United States. Specifically, the district court concluded that university disciplinary records were "educational records" as that term is defined

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