SAUER v. U.S. DEPT. OF EDUC.

Nos. 10-55642, 10-55877.

668 F.3d 644 (2012)

Anthony P. SAUER, Director of the California Department of Rehabilitation, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF EDUCATION, Rehabilitation Services Administration, Defendant-Appellee, David Zelickson, Intervenor-Appellee. Anthony P. Sauer, Director of the California Department of Rehabilitation, Plaintiff-Appellee, v. United States Department of Education, Rehabilitation Services Administration, Defendant-Appellant, and David Zelickson, Intervenor.

United States Court of Appeals, Ninth Circuit.

Submitted January 26, 2012.

Filed February 3, 2012.


Attorney(s) appearing for the Case

Ismael A. Castro (argued), Supervising Deputy Attorney General, and Julie Weng-Gutierrez (argued), Supervising Deputy Attorney General, Sacramento, CA, for plaintiff, appellant, and cross-appellee Anthony P. Sauer, Director of the California Department of Rehabilitation.

Jeffrica J. Lee (argued), DOJ, Washington, D.C., for defendant-appellee and cross-appellant United States Department of Education, Rehabilitation Services Administration.

George Langendorf, Esq. (argued), Arnold & Porter LLP, San Francisco, CA, for intervenor-appellee David Zelickson.

Before: JOHN T. NOONAN, RONALD M. GOULD, and SANDRA S. IKUTA, Circuit Judges.


OPINION

IKUTA, Circuit Judge:

The California Department of Rehabilitation (DOR) and the United States Department of Education appeal from the district court's decision enforcing a 2008 arbitration award issued pursuant to 20 U.S.C. § 107d-1(a) of the Randolph-Sheppard Vending Stand Act (the Act). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse.

I

Some familiarity with the structure of the Randolph-Sheppard Act...

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