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STUDENT LOAN MARKETING ASS'N v. RILEY

No. Civ. 98-3040(ESH).

112 F.Supp.2d 38 (2000)

STUDENT LOAN MARKETING ASSOCIATION, Plaintiff, v. Richard RILEY, Secretary of the U.S. Department of Education, Defendant.

United States District Court, District of Columbia.

August 23, 2000.

Attorney(s) appearing for the Case

Robert S. Lavet, Sheldon D. Repp, Sallie Mae, Incorporated, Reston, VA, for plaintiff.

Laura J. Weinstein, Assistant U.S. Attorney, Washington, DC, W. Neil Eggleston, Timothy K. Armstron, Howrey & Simon, Washington, DC, Mark L. Pelesh, Jeffrey J. Lopez, Drinker, Biddle & Reath, LLP, Washington, DC, for defendants.

MEMORANDUM OPINION

HUVELLE, District Judge.

Before the Court are plaintiff's motion for summary judgment and defendant's cross-motion for summary judgment. The issue before the Court is whether to uphold the Secretary's decision that plaintiff has violated the anti-inducement provision of the Higher Education Act of 1965 ("HEA"), 20 U.S.C. § 1085(d)(5)(A), which prohibits a lender from offering "directly or indirectly, points, premiums, payments...

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