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ASHFORD UNIVERSITY, LLC v. SECRETARY OF VETERANS AFFAIRS

2018-1213.

951 F.3d 1332 (2020)

ASHFORD UNIVERSITY, LLC, Petitioner v. SECRETARY OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: March 3, 2020.

Attorney(s) appearing for the Case

Kwaku Akowuah , Sidley Austin LLP, Washington, DC, argued for petitioner. Also represented by Carter Glasgow Phillips , Daniel Hay , Tobias Samuel Loss-Eaton ; Gerard D. Kelly , Chicago, IL.

William James Grimaldi , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by Joseph H. Hunt , Martin F. Hockey, Jr. , Robert Edward Kirschman, Jr. ; Y. Ken Lee , Bryan Thompson , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Newman, Dyk, and Chen, Circuit Judges.

The Department of Veterans Affairs ("VA") provides educational assistance in the form of monetary benefits to veterans enrolled in "approved" "course[s] of education." See 38 U.S.C. § 3483. Typically, approval must be provided by "the State approving agency [("SAA")] for the State where [an] educational institution...

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