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STATE OF DEL. v. CAVAZOS

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

723 F.Supp. 234 (1989)

STATE OF DELAWARE, Plaintiff, v. Lauro F. CAVAZOS, Secretary of Education, and United States Department of Education, Defendants.

United States District Court, D. Delaware.

September 1, 1989.

Attorney(s) appearing for the Case

John J. Polk and Anne Marie Johnson, State of Del., Dept. of Justice, Wilmington, Del., for plaintiff.

William C. Carpenter, Jr., U.S. Atty., and Kent A. Jordan, Asst. U.S. Atty., U.S. Dept. of Justice, Wilmington, Del., for defendants; John R. Bolton, Asst. Atty. Gen., Neil H. Koslow, Sp. Litigation Counsel and Shawn B. Jensen, U.S. Dept. of Justice, and Brian Siegal, Dept. of Educ., Washington, D.C., of counsel.

OPINION

ROTH, District Judge.

In this action, the plaintiff, the State of Delaware, seeks declaratory and injunctive relief to prevent 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 Secretary1 and Department of Education, against Delaware's guaranty agency. Delaware claims that the 1987 Amendments, compelling the elimination...

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