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NEW HAMPSHIRE v. RAMSEY

No. 03-1920.

366 F.3d 1 (2004)

State of NEW HAMPSHIRE, Plaintiff, Appellant, New Hampshire Department of Administrative Services; State of New Hampshire Department of Transportation; New Hampshire State Treasurer; State of New Hampshire Department of Education, Plaintiffs, v. David RAMSEY, John Loveday, John Toomey, Melinda Conrad, Wayne Aldrich, Norman Jitras, Michael Rossi, John Scarlotto, and Martha York, as members of the N.H. Committee of Blind Vendors; New Hampshire Committee of Blind Vendors; United States Department of Education, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 29, 2004.

Attorney(s) appearing for the Case

Nancy J. Smith, Senior Assistant Attorney General, with whom Peter W. Heed, Attorney General, was on brief, for appellant.

Jack B. Middleton, with whom Andrea L. Daly, Laura B. Dodge, and McLane, Graf, Raulerson & Middleton were on brief, for appellee New Hampshire Committee of Blind Vendors.

Mark B. Stern, Attorney, Appellate Staff, Civil Division, with whom Alisa B. Klein, Attorney, Appellate Staff, Civil Division, Peter D. Keisler, Assistant Attorney General, and Thomas P. Colantuono, United States Attorney, were on brief, for appellee United States Department of Education.

Robert R. Humphreys on brief for Randolph-Sheppard Vendors of America, American Council of the Blind, and National Educational and Legal Defense Services for the Blind, amici curiae.

Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LYNCH, Circuit Judge.

The district court entered judgment for the New Hampshire Committee of Blind Vendors and nine of its individual members (collectively, the Blind Vendors) and the United States Department of Education (USDOE), largely affirming a federal arbitration panel award against New Hampshire of compensatory damages of approximately $900,000 as well as prospective equitable relief. The Blind Vendors' claim is that New Hampshire did not give proper "priority...

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