TEXAS STATE COM'N FOR THE BLIND v. U.S.

Appeal No. 85-1954.

796 F.2d 400 (1986)

TEXAS STATE COMMISSION FOR THE BLIND and State of Texas, Appellees, v. The UNITED STATES, Appellant.

United States Court of Appeals, Federal Circuit.

June 26, 1986.


Attorney(s) appearing for the Case

Ronald A. Schechter, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for appellant. Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, and Thomas W.B. Porter, Commercial Litigation Branch, Dept. of Justice, were on the brief for appellant. Charles G. Symmonds, Office of General Counsel, Army & Air Force Exchange Service, of counsel.

Philip Durst, Asst. Atty. Gen., Austin, Tex., argued for appellee. With him on the brief were Jim Mattox, Atty. Gen. of Texas, David R. Richards, Executive Asst. Mary F. Keller, Sp. Asst. and J. Patrick Wiseman, Chief, State & County Affairs.

Before MARKEY, Chief Judge, FRIEDMAN, RICH, DAVIS, BALDWIN, SMITH, NIES, NEWMAN, BISSELL and ARCHER, Circuit Judges.


NIES, Circuit Judge.

The United States appeals from the judgment of the U.S. Claims Court2 holding the United States liable under the income-sharing provisions of the Randolph-Sheppard Vending Stand Act, 20 U.S.C. §§ 107-107f (1982), to the Texas State Commission for the Blind and the State of Texas (collectively hereafter, TSCB) for income derived from vending machines operated by the...

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