OPINION
JUNE L. GREEN, Senior District Judge.
Plaintiff brings this action seeking a declaratory judgment that the United States Department of Education ("ED") acted without authority when it determined that plaintiff did not satisfy the statutory definition of an institution of higher education pursuant to section 1201(a) of the Higher Education Act of 1965, as amended ("HEA"), 20 U.S.C. § 1141(a) (1985),
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