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MN DEPT. OF ECONOMIC SEC. v. RILEY

No. 96-2477MN.

107 F.3d 648 (1997)

MINNESOTA DEPARTMENT OF ECONOMIC SECURITY, STATE SERVICES FOR THE BLIND AND VISUALLY HANDICAPPED, Plaintiff-Appellee, Dennis Groshel, Intervenor Plaintiff-Appellee, v. Richard RILEY, United States Secretary of Education; United States Department of Veterans Affairs; James B. Donahoe, in his official capacity as Director, Veterans Canteen Service, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 26, 1997.

Attorney(s) appearing for the Case

Jeffica Jenkins Lee, Department of Justice, Washington, DC, argued (Frank W. Hunger, David Lee Lillehaug and William Kanter, on the brief), for defendants-appellants.

Andrew D. Freeman, Baltimore, MD, argued (Daniel F. Goldstein, on the brief), for Groshel.

Rachel Lynn Kaplan, Assistant Attorney General, St. Paul, MN, argued (Bernard E. Johnson, on the brief), for Minnesota Department of Economic Security.

Before FAGG, BOWMAN, and HANSEN, Circuit Judges.

FAGG, Circuit Judge.

The Randolph-Sheppard Vending Stand Act, 20 U.S.C. §§ 107-107f (1994) (the Act), gives blind persons licensed by a state licensing agency priority to operate vending facilities on federal property. This dispute began more than ten years ago, when Minnesota's licensing agency, the Minnesota Department of Economic Security (formerly the Minnesota Department of Jobs and Training) (Minnesota), applied under the Act and its corresponding...

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