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MINNESOTA DEPT. OF JOBS & TRAINING v. RILEY

No. 93-1120.

18 F.3d 606 (1994)

STATE OF MINNESOTA, DEPARTMENT OF JOBS AND TRAINING, State Services for the Blind and Visually Handicapped, Plaintiff-Appellee, Dennis Groshel, Intervenor-Appellee, v. Richard W. RILEY, in his official capacity as United States Secretary of Education; The United States Department of Education; Veterans Affairs, United States Department of; James B. Donahoe, in his official capacity as Administrator of Veterans Canteen Service, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 11, 1994.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Jeffrica J. Lee of Washington, D.C. The names of Stuart M. Gerson, Thomas B. Heffelfinger, William Kanter and Jeffrica Jenkins Lee of Washington, D.C., appear on the brief of the appellants.

Counsel who presented argument on behalf of appellee State of Minnesota was Steven B. Liss of St. Paul, Minnesota. The names of Humbert H. Humphrey III, Steven B. Liss and Bernard E. Johnson of St. Paul, Minnesota, appear on the brief of appellee State of Minnesota.

Counsel who presented argument on behalf of appellee Dennis Groshel was Daniel Goldstein of Baltimore, Maryland. The names of Daniel F. Goldstein, Andrew D. Freeman and Karen R. Johnson of Baltimore, Maryland, and Daniel J. Boivin of Minneapolis, Minnesota, appear on the brief of appellee Dennis Groshel.

Before FAGG, Circuit Judge, ROSS, Senior Circuit Judge, and MAGILL, Circuit Judge.

FAGG, Circuit Judge.

Following a dispute over the operation of a blind vendors' vending facility located on United States Department of Veterans Affairs (VA) property, the district court granted summary judgment in favor of the Minnesota Department of Jobs and Training, State Services for the Blind and Visually Handicapped (DJT). The district court held the VA and the Veterans' Canteen Service (collectively VCS) are subject...

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