Student Loan Fund Of Idaho, Inc. v. U.S. Department Of Education

272 F.3d 1155 (9th Cir. 2001) STUDENT LOAN FUND OF IDAHO, INC., PLAINTIFF-COUNTER-CLAIM-DEFENDANT-APPELLEE-CROSS-APPELLANT v. U.S. DEPARTMENT OF EDUCATION, DEFENDANT-APPELLANT-CROSS-APPELLEE, AND DR. RODERICK R. PAIGE, * IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE UNITED STATES DEPARTMENT OF EDUCATION, DEFENDANT-COUNTER-CLAIMANT-PLAINTIFF-APPELLANT-CROSS-APPELLEE Nos. 99-36035, 99-36078, 00-35310, 00-35524 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Argued and Submitted June 4, 2001 Filed December 4, 2001 NOTE: SEE AMENDED OPINION OF APRIL 15, 2002.Rory R. Jones, Boise, Idaho, for the plaintiff-counter-claim-defendant-appellee-cross-appellant. Howard S. Scher, Department of Justice, Washington, D.C., for the defendant-counter-plaintiff-appellant-appellee and defendant-appellant-cross-appellee. Appeal From the United States District Court for the District of Idaho; Larry M. Boyle, Magistrate Judge, Presiding. D.C. No. CV-94-00413-LMB Before: Browning, Wallace, and T.G. Nelson, Circuit Judges. Wallace, Circuit Judge: 1 In this appeal, we are asked to interpret a difficult contract and attempt to devine what the Congress meant in portions of the Higher Education Act (Act).…