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KENTUCKY, ED. CABINET, DEPT. FOR THE BLIND v. U.S.

No. 05-5010.

424 F.3d 1222 (2005)

COMMONWEALTH OF KENTUCKY, EDUCATION CABINET, DEPARTMENT FOR THE BLIND, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 21, 2005.

Attorney(s) appearing for the Case

Christopher Solop, Armstrong Allen, PLLC, of Jackson, Mississippi, for plaintiff-appellant. Of counsel was Lynn Hawkins Patton.

James W. Poirier, Trial Attorney, Commercial Litigation Branch, Civil Division, of Washington, DC, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director and Bryant G. Snee, Assistant Director.

Before SCHALL, Circuit Judge, ARCHER, Senior Circuit Judge, and BRYSON, Circuit Judge.

BRYSON, Circuit Judge.

In October 2003, the Department of the Army issued a solicitation for bids on a contract to provide services for a military cafeteria at Fort Campbell, Kentucky. The solicitation indicated that the contract was subject to the Randolph-Sheppard Act, 20 U.S.C. §§ 107 et seq. ("RSA"). Under the RSA, state licensing authorities representing the interests of licensed blind vendors are allowed...

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