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GEORGIA DEPT. OF HUMAN RESOURCES v. NASH

No. 88-8120.

915 F.2d 1482 (1990)

GEORGIA DEPARTMENT OF HUMAN RESOURCES, Georgia Department of Human Resources, Division of Vocational Rehabilitation, Plaintiffs-Appellants, Lauro F. Cavazos, Secretary of Education, et al., Defendants-Appellants, v. Jessie C. NASH, Defendant-Appellee, National Federation of the Blind, Intervenor.

United States Court of Appeals, Eleventh Circuit.

October 30, 1990.

Attorney(s) appearing for the Case

William M. Droze, Asst. Atty. Gen., Atlanta, Ga., for state.

William J. Cole, U.S. Dept. of Justice, Washington, D.C., for U.S.

Stroud P. Stacy, Atlanta, Ga., for Nash.

Peggy Pinder, Grinnell, Iowa, for intervenor — National Federation of the Blind.

Before TJOFLAT, Chief Judge, CLARK, Circuit Judge, and RYSKAMP, District Judge.

TJOFLAT, Chief Judge:

This case involves an issue of statutory interpretation under the Randolph-Sheppard Vending Stand Act (Act). The district court below interpreted the statute to provide a blind vendor with an action for damages against a State licensing agency based on that agency's failure to complain when a federal entity closed a vending stand located on property under its control. Following that interpretation,...

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