Legal Opinion
Puerto Rico Higher Education Assistance Corporation v. Richard W. Riley, Secretary of the Department of Education
Court of Appeals for the D.C. Circuit
Decided December 10, 1993No. 92-5120PublishedCited by 50 opinions
1Opinion of the Court
Opinion for the Court filed by Chief Judge MIKVA.
Opinion concurring in part and dissenting in part filed by Circuit Judge GINSBURG.
MIKVA, Chief Judge:
Pursuant to the 1987 amendments to the Higher Education Act of 1965, the Department of Education (“DOE” or “Department”) recovered $4.397 million in excess cash reserves from the Puerto Rico Higher Education Assistance Corporation (“PRHEAC”). Pub.L. No. 100-203, 101 Stat. 1330 (codified at 20 U.S.C. § 1072(e) (1988)) (repealed 1989). PRHEAC asked the Department to waive recovery of these funds, but the Department deemed PRHEAC ineligible for a…
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