DELAWARE DEPARTMENT OF HEALTH AND SOCIAL SERVICES, DIVISION FOR THE VISUALLY IMPAIRED
v.
UNITED STATES DEPARTMENT OF EDUCATION and the Secretary of the United States Department of Education.
Appeal of Robert ALBANESE, Appellant.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued May 2, 1985.
Decided September 9, 1985.
Rehearings and Rehearing Denied November 20, 1985.
Attorney(s) appearing for the Case
Kenneth Kreshtool (argued), Jacob Kreshtool, Wilmington, Del., for appellant.
Susan H. Kirk-Ryan (argued), Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for Del. Dept. of Health and Social Services, Div. of the Visually Impaired.
Joseph J. Farnan, Jr., U.S. Atty., Wilmington, Del., Richard K. Willard, Acting Asst. Atty. Gen., William Kanter, Carlene V. McIntyre (argued), Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., for U.S. Dept. of Educ. and Secretary of U.S. Dept. of Educ.
William C. Gleisner, III, David L. Nichols, Weiss, Steuer, Berzowski, Brady & Donahue, Milwaukee, Wis., for amicus curiae of the Nat. Federation of the Blind.
Before GIBBONS and HIGGINBOTHAM, Circuit Judges and SAROKIN, District Judge.
United States Court of Appeals, Third Circuit.
Rehearings and Rehearing En Banc Denied November 20, 1985.
OPINION OF THE COURT
GIBBONS, Circuit Judge:
Robert Albanese, a blind vendor licensed to operate a vending site under the Randolph-Sheppard Act, 20 U.S.C. § 107 et seq. (1982), appeals from a summary judgment in favor of the Delaware Department of Health and Social Services, Division for the Visually Impaired (Delaware), vacating the...
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