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DEL. DEPT. OF H. & S.S. v. U.S. DEPT. OF EDUC.

Civ. A. No. 83-57-WKS.

592 F.Supp. 1038 (1984)

DELAWARE DEPARTMENT OF HEALTH AND SOCIAL SERVICES, DIVISION FOR the VISUALLY IMPAIRED, Plaintiff, v. UNITED STATES DEPARTMENT OF EDUCATION and the Secretary of the United States Department of Education, Defendants, v. Robert ALBANESE, Defendant-Intervenor.

United States District Court, D. Delaware.

August 14, 1984.

Attorney(s) appearing for the Case

Matthew J. Lynch, Jr., Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for plaintiff.

Joseph J. Farnan, Jr., U.S. Atty., Sue L. Robinson, Asst. U.S. Atty., Wilmington, Del., Lucinda Stewart, U.S. Dept. of Educ., Washington, D.C., for defendants.

Jacob Kreshtool, Wilmington, Del., Kenneth Kreshtool, Philadelphia, Pa., for defendant-intervenor.

OPINION

STAPLETON, Chief Judge:

This case arises under the Randolph-Sheppard Act ("the Act"), 20 U.S.C. § 107, et seq., as amended 1974, which authorizes a cooperative federal/state scheme for licensing, training, and placing qualified blind persons in vending facilities on federal and other property. The federal agency charged with administering this statute is the defendant, United States Department of Education. Section 107(b) of the Act calls...

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