Legal Opinion
Coalition of New York State Career Schools, Inc. v. Richard W. Riley, Secretary of Education, in His Official Capacity
Court of Appeals for the Second Circuit
Decided November 13, 1997No. 964, Docket 96-6174PublishedCited by 4 opinions
1Opinion of the Court
LEVAL, Circuit Judge:
The Coalition of New York State Career Schools, Inc. (the “Coalition”) sued to block the enforcement of 34 C.F.R. § 668.22 (the “Regulation”), a regulation made effective in 1995, which sets forth procedures for refunding student and government funds when a student withdraws from, fails to enroll in, or is expelled during a course of study at a federally-funded educational institution. The United States District Court for the Northern District of New York (Cholakis, J.) entered a permanent injunction barring enforcement of the Regulation on the theory that it represented…
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