COPSEY v. SWEARINGEN

No. 92-3233.

36 F.3d 1336 (1994)

Kerry COPSEY and Cindy Copsey, Plaintiffs-Appellants, v. Jerry SWEARINGEN, Individually and as the Director of Blind Services, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 22, 1994.


Attorney(s) appearing for the Case

Theodor A. Schirmer, Malibu, CA, for appellants.

André Charles Castaing, Asst. Atty. Gen. and Richard P. Ieyoub, Atty. Gen., Baton Rouge, LA, for appellees.

Before GARWOOD and HIGGINBOTHAM, Circuit Judges, and SCHWARTZ, District Judge.


GARWOOD, Circuit Judge:

Plaintiff-appellant Kerry Copsey (Copsey) operated a vending facility in the Louisiana state capitol building.1 Copsey, who is blind, received his license through a program operated by the Louisiana Division of Blind Services, which gives preferential treatment to blind persons who desire to operate concession stands in public buildings. Copsey became convinced that state officials were permitting an organization...

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