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Richard W. Riley, originally named as defendant-appellant, in his official capacity as the then-Secretary of the United States Department of Education ("DOE"), appealed from a summary judgment entered in the United States District Court for the Southern District of New York (Owen, J.) in favor of plaintiff-appellee Beth Medrash Eeyun Hatalmud ("BMEH"), an educational institution devoted to Judaic and Rabbinical studies. The judgment directed payment with interest of the portion of Pell Grant funds that was withheld by the DOE, pursuant to a Settlement Agreement, pending resolution of BMEH's ultimately unsuccessful challenge to the termination of its eligibility to participate in the Pell Grant Program. The District Court determined that the funds withheld should be treated as a bond posted by BMEH under the security provision of a temporary restraining order previously issued but subsequently dissolved. We disagree with that determination for the reasons that follow.


505 F.3d 139 (2007)

Beth Medrash Eeyun HATALMUD, Plaintiff-Appellee v. Margaret SPELLINGS,[*] in her official capacity as Secretary of the Department of Education, Defendant-Appellant.

Docket No. 06-0976-cv.

United States Court of Appeals, Second Circuit.

Argued: May 15, 2007. Decided: October 17, 2007.

New York Law School location: Box #151, Box #3558