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REAVIS v. HIGHER EDUC. ASSISTANCE AGENCY

DA 19-0510.

467 P.3d 588 (2020)

2020 MT 181

James REAVIS, Plaintiff and Appellant, v. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY d/b/a FedLoan Servicing, Defendant and Appellee.

Supreme Court of Montana.

Submitted: May 26, 2020.

Decided: July 14, 2020.

Attorney(s) appearing for the Case

For Appellant: Robert M. Farris-Olsen (argued), David K.W. Wilson , Morrison, Sherwood, Wilson & Deola, PLLP, Helena, Montana.

For Appellee: Kenneth K. Lay (argued), Brett P. Clark , Crowley Fleck, PLLP, Helena, Montana.

For Amicus Curiae Timothy C. Fox, Montana Attorney General: Timothy C. Fox , Montana Attorney General, Matthew T. Cochenour , Acting Solicitor General, Jon Bennion , Deputy Attorney General, Helena, Montana, Mark W. Mattioli , Bureau Chief, Chuck R. Munson , Assistant Attorney General, Office of Consumer Protection, Helena, Montana.

For Amicus Curiae Montana Federation of Public Employees: Jonathan McDonald , McDonald Law Office, PLLC, Helena, Montana.

For Amicus Curiae Veteran's Education Success: Keif Storrar , Doubek, Pyfer & Storrar, Helena, Montana.

For Amici Curiae Montana Legal Services Association, National Consumer Law Center, and Student Borrower Protection Center, John Heenan , Heenan & Cook, PLLC, Billings, Montana.

¶1 James Reavis appeals from the order of First Judicial District Court, Lewis and Clark County, dismissing his complaint against his student loan servicer Pennsylvania Higher Education Assistance Agency (PHEAA) as expressly preempted by the Higher Education Act (HEA), 20 U.S.C. ...

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