Marlboro Corporation, Doing Business as the Emery School v. The Association of Independent Colleges and Schools, Inc.

COFFIN, Chief Judge.

This is an appeal from the denial of a preliminary injunction. Appellant Marlboro Corporation operates the Emery School, a private proprietary institution that offers a two-year non-degree program of training for court and conference steno-type reporters. The Accrediting Commission of appellee, the Association of Independent Colleges and Schools (AICS), is the only agency recognized by the United States Commissioner of Education to accredit business schools like Emery. Without accreditation from A.I.C.S., Emery is ineligible to participate in various federal student aid…