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TENN. DEPT. OF HUMAN SERV. v. U.S. DEPT. OF EDUC.

No. 91-5768.

979 F.2d 1162 (1992)

TENNESSEE DEPARTMENT OF HUMAN SERVICES, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF EDUCATION, Defendant-Appellee, Wayne Hinton, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 18, 1992.

Attorney(s) appearing for the Case

Dianne Stamey Dycus, Asst. Atty. Gen. (argued and briefed), Charles W. Burson, Atty. Gen., Office of the Atty. Gen. of Tennessee, Nashville, Tenn., for plaintiff-appellee Tenn. Dept. of Human Services.

Jeffrey A. Rosen, U.S. Dept. of Educ., Office of Gen. Counsel, Michael S. Raab (briefed), William Kanter, U.S. Dept. of Justice, Civil Div. Appellate Staff, Washington, D.C., Gary Humble, Asst. U.S. Atty., Jerry G. Cunningham, U.S. Atty., Office of the U.S. Atty., Chattanooga, Tenn., for defendant-appellant U.S. Dept. of Educ.

Fielding H. Atchley, Jr. (argued and briefed), Dietzen, Atchley & Wright, Chattanooga, Tenn., for defendant-appellant Wayne Hinton.

Before: GUY, NORRIS, and BATCHELDER, Circuit Judges.

ALAN E. NORRIS, Circuit Judge.

A blind vendor appeals the district court's judgment that set aside, as violative of the Eleventh Amendment, a federal arbitration panel's award of retroactive damages against a state agency under the Randolph-Sheppard Act.

I.

This case requires us to decide whether arbitration awards for retroactive damages against state agencies under the Randolph-Sheppard Vending Stand Act, 20 U.S.C. §§ 107-107f, violate...

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