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United States First Circuit


Int'l Junior College of Business and Tech.. Inc. v. Duncan, 13-2547

In a suit under the Administrative Procedure Act (APA), 5 U.S.C. section 701, challenging the decision of the U.S. Department of Education (DOE) that plaintiff could not participate in certain federal student financial assistance programs because the school failed to comply with a requirement that for-private colleges derive at least 10 percent of their revenue from some source other than federal student aid, the district court's dismissal of claims is affirmed over plaintiff's claims that: 1) DOE regulations wrongly interpreted the 90/10 rule and/or arbitrarily and capriciously applied; 2) plaintiff should have been able to try to cure its default; and 3) the trial court erred by denying it the chance to conduct discovery.

Appellate Information

  • Decided 09/16/2015
  • Published 09/16/2015

Judges

  • THOMPSON

Court

  • United States First Circuit

Counsel

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