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HATALMUD v. SPELLINGS

Docket No. 06-0976-cv.

505 F.3d 139 (2007)

Beth Medrash Eeyun HATALMUD, Plaintiff-Appellee, v. Margaret SPELLINGS, in her official capacity as Secretary of the Department of Education, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 17, 2007.

Attorney(s) appearing for the Case

Nathan Lewin (Alyza D. Lewin, on the brief), Lewin & Lewin, LLP, Washington, D.C., for Plaintiff-Appellee.

Sheila M. Gowan (Michael J. Garcia, United States Attorney for the Southern District of New York; Kathy S. Marks, Assistant United States Attorney, of counsel), New York, NY, for Defendant-Appellant.

Before: NEWMAN, MINER, and KATZMANN, Circuit Judges.

MINER, Circuit Judge:

Richard W. Riley, originally named as defendant-appellant, in his official capacity as the then-Secretary of the United States Department of Education ("DOE"), appealed from a summary judgment entered in the United States District Court for the Southern District of New York (Owen, J.) in favor of plaintiff-appellee Beth Medrash Eeyun Hatalmud ("BMEH"), an educational institution devoted to Judaic and Rabbinical studies. The judgment directed...

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