RANDOLPH-SHEPPARD VENDORS OF AMERICA v. WEINBERGER

Nos. 85-5149, 85-5150.

795 F.2d 90 (1986)

RANDOLPH-SHEPPARD VENDORS OF AMERICA, et al., Appellants, v. Caspar W. WEINBERGER, et al., Appellees. NATIONAL COUNCIL OF STATE AGENCIES FOR THE BLIND, et al., Appellants, v. Caspar W. WEINBERGER, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 13, 1986.

As Amended July 30, 1986.


Attorney(s) appearing for the Case

Robert R. Humphreys, Clinton, Ky., for appellants.

Joseph E. DiGenova, U.S.Atty., with whom Royce C. Lamberth, R. Craig Lawrence, and Rebecca L. Ross, Asst. U.S. Attys., Washington, D.C., were on brief, for federal appellees.

Stephen N. Shulman, with whom Barry S. Spector and E. Charles Rowan, Jr., Washington, D.C., were on brief, for appellee, McDonald's Corp.

Morgan D. Hodgson with whom Frank B. Stilwell III, Washington, D.C., was on brief, for amici curiae Association for the Education and Rehabilitation of the Blind and Visually Impaired and the Affiliated Leadership League of and for the Blind of America.

William C. Gleisner, III, with whom David L. Nichols and David E. Sunby, Milwaukee, Wis., were on brief, for amicus curiae National Federation of the Blind.

Before MIKVA and BORK, Circuit Judges, and OBERDORFER, District Judge.


Opinion for the Court filed by District Judge OBERDORFER.

OBERDORFER, District Judge:

This appeal involves the proper interpretation of the Randolph-Sheppard Act (the Act), 20 U.S.C. §§ 107-107f (1982), which requires that blind persons licensed by state agencies be given priority to operate vending facilities on federal property. Some of the appellants are organizations which represent blind vendors. Specifically...

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