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PREMO v. MARTIN

No. 96-55456.

119 F.3d 764 (1997)

Brenda PREMO, Director of the Department of Rehabilitation, State of California, Plaintiff-Appellant, v. Jeana MARTIN; The United States Department of Education; Richard W. Riley, Secretary of the United States Department of Education, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 11, 1997.

Attorney(s) appearing for the Case

James F. Ahern, Deputy Attorney General of the State of California, for plaintiff-appellant.

John F. Daly, Department of Justice, Washington, DC, for defendants-appellees the United States Department of Education and Secretary of Education Richard Riley.

Janice A. Jenkins, Yturbide & Jenkins, San Francisco, CA, for defendant-appellee Jeana Martin.

Before: GOODWIN, D.W. NELSON, and TROTT, Circuit Judges.

D.W. NELSON, Circuit Judge.

Brenda Premo, in her official capacity as the Director of the California Department of Rehabilitation (the "State"), appeals the district court's grant of summary judgment to Jeana Martin, the United States Department of Education, and Secretary of Education Richard Riley. Martin, formerly a blind vendor licensed under the Randolph-Sheppard Vending Stand Act (the "Act"), 20 U.S.C. §§ 107-107f, invoked the arbitration provisions...

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