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STATE OF DEL. v. BENNETT

Civ. A. No. 88-155-JRR.

697 F.Supp. 1366 (1988)

STATE OF DELAWARE, Plaintiff, v. William J. BENNETT, Secretary of Education, et al., Defendants.

United States District Court, D. Delaware.

October 25, 1988.

Attorney(s) appearing for the Case

John J. Polk, Deputy Atty. Gen., Wilmington, Del., for plaintiff.

John R. Bolton, Asst. Atty. Gen., Washington, D.C., William C. Carpenter, Jr., U.S.Atty., Kent A. Jordan, Asst. U.S. Atty., Wilmington, Del., Neil H. Koslowe, Sp. Litigation Counsel, Civil Div., Dept. of Justice, Washington, D.C., Wendell Willkie, Gen. Counsel, Harold Jenkins and Brian Siegel, Dept. of Educ., Washington, D.C., for defendants.

OPINION

ROTH, District Judge:

In this action, the plaintiff, the State of Delaware, seeks declaratory and injunctive relief against enforcement of the Omnibus Budget Reconciliation Act of 1987, Pub.L. No. 100-203, 101 Stat. 1330, 1330-38 (the "1987 Amendments") by the defendants, the Secretary and Department of Education. The case arose when the Secretary directed the Delaware Postsecondary Education Commission (the "Commission") to eliminate, as required...

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