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MD. DEPT. OF EDUC. v. DEPT. OF VETERANS AFFAIRS

No. 95-2626.

98 F.3d 165 (1996)

MARYLAND STATE DEPARTMENT OF EDUCATION, Division of Rehabilitation Services, Plaintiff-Appellant, v. U.S. DEPARTMENT OF VETERANS AFFAIRS; Jesse Brown, Secretary, Department of Veterans Affairs; John T. Farrar, Under Secretary for Health, Department of Veterans Affairs; Michael B. Phaup, Director, Veterans Affairs Medical Center, Defendants-Appellees. National Federation of the Blind, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 22, 1996.

Attorney(s) appearing for the Case

ARGUED: Carmen Mercedes Shepard, Assistant Attorney General, Office of the Attorney General, Baltimore, MD, for Plaintiff-Appellant. William Charles Gleisner, III, Gleisner Law Offices, S.C., Milwaukee, WI, for Amicus Curiae. Stephen Woolman Preston, United States Department of Justice, Washington, D.C., for Defendants-Appellees. ON BRIEF: J. Joseph Curran, Jr., Attorney General, Caroline E. Emerson, Assistant Attorney General, Office of the Attorney General, Baltimore, MD, for Plaintiff-Appellant. Kenneth M. Zuber, Gleisner Law Offices, S.C., Milwaukee, WI, for Amicus Curiae. Frank W. Hunger, Assistant Attorney General, Lynne Ann Battaglia, United States Attorney, William Kanter, Jeffrica Jenkins Lee, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Before ERVIN, HAMILTON, and LUTTIG, Circuit Judges.

Affirmed by published opinion. Judge HAMILTON wrote the opinion, in which Judge ERVIN and Judge LUTTIG joined.

OPINION

HAMILTON, Circuit Judge:

The issue in this case is whether an arbitration panel, convened pursuant to § 107d-1(b) of the Randolph-Sheppard Blind Vending Act (Act), 20 U.S.C. §§ 107-107f, has the authority to order a federal agency or department found in violation of the Act to take specific remedial action. Appellant...

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