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· 4/11/1995

Parks School of Business, Inc., Dba Parks College, a New Mexico Corporation v. Fife Symington Roy A. Nicholson Sally Hein

Citations

  • 51 F.3d 1480
  • 95 Cal. Daily Op. Serv. 2612
  • 95 Daily Journal DAR 4577
  • 1995 U.S. App. LEXIS 7930
  • 1995 WL 156893

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a party waives an issue by not presenting it to the district court
  • holding that “[w]e will review an issue that has been raised for the first time on appeal under certain narrow circum- stances,” including “when a change in law raises a new issue while an appeal is pending”
  • noting that even though court may look beyond pleadings on motion to dismiss, generally court is limited to face of the complaint on 12(b)(6) motion
  • noting that even though court may look beyond pleadings on motion to dismiss, generally court is limited to face of the complaint on 12(b)(6) motion
  • explaining that the HEA does 26 not confer a private cause of action
  • finding no government action implicated because provision of student loan insurance is not the exclusive prerogative of the government

Source: CourtListener parenthetical corpus (CC0).

Judges: Norris, Wiggins, Fernandez

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.