McNABB v. RILEY

No. 93-2877.

29 F.3d 1303 (1994)

George McNABB, Plaintiff-Appellee, v. Richard W. RILEY, Secretary of the United States Department of Education, Defendant-Appellant, Arkansas Department of Human Services, Division of Services for the Blind, Defendant.

United States Court of Appeals, Eighth Circuit.

Decided July 21, 1994.


Attorney(s) appearing for the Case

Jeffrica J. Lee, Dept. of Justice, Washington, DC, argued (Frank W. Hunger, Paula J. Casey and William Kanter, on the brief), for appellant.

Melva Harmon, Little Rock, AR, argued, for appellee.

Before LOKEN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and KYLE, District Judge.


LOKEN, Circuit Judge.

The Randolph-Sheppard Vending Stand Act, 20 U.S.C. §§ 107-107f (the "Act"), creates a complex federal-state administrative regime intended to give blind persons preferential opportunity to operate vending facilities on federal, state, and private premises. The Secretary of Education oversees implementation of the Act, but the day-to-day operations of the program, including licensing individual blind vendors and placing them in selected...

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