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This section contains the nature of the case and procedural background.

P read a newspaper article concerning a course of study at D leading to a diploma as a nursing assistant. P then talked with McCray (D), president of Delta, concerning the program. P asked if a nursing assistant was the same thing as a nurse's aide. McCray (D) replied that it was not. He also told her that 'they are phasing out the LPNs' and that 'she would not get rich as a nursing assistant but that the pay would be comparable to that of an LPN.' P enrolled at D the next day. P got a student loan for $3,064.00. After completing seven months of the eight or nine-month program, she dropped out because she discovered she was studying to be a nurse's aide. P further testified that the training for nursing assistants and LPNs is quite different: Nursing assistants learn to make beds, empty bedpans, and take vital signs; LPNs learn to assist in surgery and give medication and injections. P sued Ds. D tried to get nursing magazine and journal articles concerning a debate in the nursing profession on phasing out the existing levels of entry into nursing practice (Registered Nurse, Licensed Practical Nurse, and nurse's aide) and replacing them with two levels of entry into practice: professional nurse, which would contain persons entitled Registered Nurse, and technical nurse, which would contain persons entitled associate nurse or registered associate nurse. They were denied, and P got the verdict and Ds appealed.

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Legal analysis from Dean's Law Dictionary will be displayed here.