Dumas

Dumas v. Kipp

Good Law
90 F.3d 386·1996 WL 408922
United States Court of Appeals for the Ninth CircuitJuly 23, 1996No. 94-56146California3,151 words

Opinion

Lead Opinion

Wallace, J.

Dumas, a trustee in bankruptcy of the United College of Business (College), appeals from the district court’s dismissal without leave to amend of his third amended complaint. Dumas alleges that Samuel M. Kipp, III and Robert-Peter F. Quider, the Executive Director and Chief of Institutional Services, respectively, of the California Student Aid Commission (Commission), violated the Higher Education Act (Act) in their personal capacities. This statutory violation, Dumas argues, constitutes a violation of the College’s constitutional rights. The district court exercised jurisdiction under 28 U.S.C. § 1331 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 , and we affirm.

I

The College operated a private vocational school in Los Angeles County, California. Its students were entitled to participate in the Supplemental Loans for Students Program (Program). The Program was created by the Higher Education Amendments of 1986, Pub.L. No. 99-498, Title IV, § 428A, 100 Stat. 1268 , 1384 (codified at 20 U.S.C. § 1078-1 ). Prior to being repealed, see Omnibus Budget Reconciliation Act, Pub.L. No. 103-66, Title IV, § 4047(b), 107 Stat. 312 , 364 (1993), the Program…

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