Legal Opinion
Education Assistance Corporation, a South Dakota Corporation v. Lauro F. Cavazos, Secretary of Education of the United States
Court of Appeals for the Eighth Circuit
Decided April 10, 1990No. 89-5393PublishedCited by 37 opinions
1Opinion of the Court
McMILLIAN, Circuit Judge.
The Education Assistance Corporation (EAC) appeals from a final order entered in the United States District Court 1 for the District of South Dakota granting summary judgment in favor of the Secretary of the United States Department of Education (Secretary). For reversal, EAC argues (1) the 1987 amendments to the Higher Education Act of 1965 violate its property rights under the fifth amendment by requiring EAC to transfer $6.6 million of “excess cash reserves” to the Secretary and by conditioning EAC’s right to reimbursement on compliance with that requirement and…
2Cases cited22 opinions
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- Udall v. TallmanSupreme Court of the United States · 1965
- Flemming v. NestorSupreme Court of the United States · 1960
- Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
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3Cited by37 opinions
- Transohio Savings Bank v. Director, Office of Thrift SupervisionCourt of Appeals for the D.C. Circuit · 1993
- Rowe v. Educational Credit Management Corp.Court of Appeals for the Ninth Circuit · 2009
- Rhode Island Higher Education Assistance Authority v. Secretary, U.S. Department of EducationCourt of Appeals for the First Circuit · 1991
- State of Minnesota v. Kenneth S. Apfel, Commissioner of Social Security Social Security AdministrationCourt of Appeals for the Eighth Circuit · 1998
- Association of Accredited Cosmetology Schools v. Lamar Alexander, Secretary, United States Department of EducationCourt of Appeals for the D.C. Circuit · 1992
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