Student Loan Fund Of Idaho, Inc. v. U.S. Department Of Education
This text of 289 F.3d 599 (Student Loan Fund Of Idaho, Inc. v. U.S. Department Of Education) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STUDENT LOAN FUND OF IDAHO, INC., Plaintiff-Counter-Claim-Defendant-Appellee-Cross-Appellant,
v.
U.S. DEPARTMENT OF EDUCATION, Defendant-Appellant-Cross-Appellee,
and
Dr. Roderick R. Paige,* in his official capacity as Secretary of the United States Department of Education, Defendant-Counter-Claimant-Plaintiff-Appellant-Cross-Appellee.
No. 99-36035.
No. 99-36078.
No. 00-35310.
No. 00-35524.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted June 4, 2001.
Filed December 4, 2001.
Amended April 15, 2002.
Rory R. Jones, Boise, ID, for the plaintiff-counter-claim-defendant-appellee-cross-appellant.
Howard S. Scher, Department of Justice, Washington, D.C., for the defendant-counter-plaintiff-appellant-appellee and defendant-appellant-cross-appellee.
Appeal from the United States District Court for the District of Idaho; Larry M. Boyle, Magistrate Judge, Presiding. D.C. No. CV-94-00413-LMB.
Before BROWNING, WALLACE, and T.G. NELSON, Circuit Judges.
ORDER
The slip opinion filed December 4, 2001 (272 F.3d 1155), is hereby amended as follows:
Page 16395, first paragraph, line 15 [272 F.3d at 1160], delete "The district court held, however, that the regulations were contrary to Congress's intent and that these funds from a separate, private entity should not be considered part of the federal reserve fund." and replace it with "The district court held that the Secretary's position, that all funds received by SLFI while acting as a guaranty agency relating to its operations as a guaranty agency, regardless of their origin, are federal reserve fund assets, was inconsistent with Congressional intent and the underlying purposes of the HEA and that these funds from a separate, private entity should not be considered part of the federal reserve fund."
The panel has voted to deny the petition for rehearing. Judge T.G. Nelson has voted to deny the suggestion for rehearing en banc, and Judge Browning and Judge Wallace so recommend.
The petition for rehearing and the petition for rehearing en banc are DENIED.
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Cite This Page — Counsel Stack
289 F.3d 599, 2002 Cal. Daily Op. Serv. 3186, 2002 Daily Journal DAR 3959, 2002 U.S. App. LEXIS 6871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/student-loan-fund-of-idaho-inc-v-us-department-of-education-ca9-2002.