Legal Opinion

Thomas v. Bennett

Court of Appeals for the Eighth Circuit

Decided September 15, 1988No. 87-5273PublishedCited by 30 opinions

1Opinion of the Court

BEAM, Circuit Judge.

This appeal challenges the authority of the Secretary of Education (the Secretary) to collect defaulted federally guaranteed student loans through offset against borrowers’ federal income tax refunds after the statute of limitations on judicial enforcement of the obligation has run. The district court1 determined that such action is permitted under the pertinent federal statutes and granted summary judgment in favor of the Secretary. We affirm.

BACKGROUND

In 1976, appellant Deborah Thomas received a federally guaranteed student loan in the amount of $825.00 to attend…

2Cases cited9 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Powell v. McCormackSupreme Court of the United States · 1969
  3. Globe Newspaper Co. v. Superior Court, County of NorfolkSupreme Court of the United States · 1982
  4. Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
  5. Carson v. PierceCourt of Appeals for the Eighth Circuit · 1983

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3Cited by30 opinions

  1. David Grider and Leon Gladecki v. Lauro Cavazos, Secretary of the United States Department of EducationCourt of Appeals for the Fifth Circuit · 1990
  2. Adeline Jones v. Lauro F. Cavazos, Secretary, United States Department of Education, in His Official Capacity, and Richard A. Hastings, Etc.Court of Appeals for the Eleventh Circuit · 1989
  3. Janet G. Hurst, Plaintiff-Counterclaim v. United States Department of Education, Defendant-Counterclaimant-AppellantCourt of Appeals for the Tenth Circuit · 1990
  4. Carr v. DeVosDistrict Court, S.D. Illinois · 2019
  5. Kandlbinder v. ReagenDistrict Court, W.D. Missouri · 1989

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