Janet G. Hurst, Plaintiff-Counterclaim v. United States Department of Education, Defendant-Counterclaimant-Appellant

The Department of Education (DOED) appeals from an order of the district court, published at Hurst v. United States Dep’t of Educ., 695 F.Supp. 1137 (D.Kan.1988), granting plaintiff summary judgment on DOED’s counterclaim for the balance due on plaintiff’s defaulted student loan. The district court’s concomitant ruling, granting DOED summary judgment on plaintiff’s underlying suit for recovery of a portion of the same loan debt already offset by the IRS against her tax refund pursuant to 26 U.S.C. § 6402(d) and 31 U.S.C. § 3720A, has not been appealed by plaintiff. Consequently, we express no…