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WAYNE STATE UNIVERSITY v. CLELAND

Civ. A. No. 7-70973.

440 F.Supp. 811 (1977)

WAYNE STATE UNIVERSITY, a constitutional body corporate and William Burl Thomas Neal and David Wright, Jr., Individually and on behalf of all others similarly situated, Plaintiffs, v. Max CLELAND, Administrator, Veterans Administration, Washington, D. C., A. H. Thornton, Director, Education and Rehabilitation Service, Veterans Administration, Washington, D. C., and Frank J. Kilcullen, Jr., Director, Veterans Administration, Regional Office, Detroit, Michigan, Individually and in their official capacities, Defendants.

United States District Court, E. D. Michigan, S. D.

As Amended September 28, 1977.

Attorney(s) appearing for the Case

Richard A. Fulton, C. William Tayler and Kenneth Ingram, Sachs, Greenebaum & Tayler, Washington, D. C., and Bryan H. Higgins, Detroit, Mich., for plaintiff Wayne State University.

Gordon A. Gregory, Nancy Jean Van Lopik, Gregory, Van Lopik & Korney, Detroit, Mich., for plaintiffs Neal, Wright, Campbell, Green and Torando.

James K. Robinson, U. S. Atty., and Charles Kalil, Asst. U. S. Atty., Detroit, Mich., for defendants.

Richard E. Verville, Washington, D. C., for American Council on Education amicus curiae.

KEITH, Chief Judge.

This action is brought pursuant to 28 U.S.C. §§ 1331, 1361, 2201, and 2202, and under the First, Fifth and Tenth Amendments to the Constitution. Plaintiffs seek to restrain the defendants from enforcing certain Veterans' Administration regulations and a DVB circular which promulgate measurement standards for full-time courses at institutions of higher learning for veterans who receive educational assistance allowance benefits pursuant...

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