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KENTUCKY v. U.S. EX REL. HAGEL

No. 12-6610.

759 F.3d 588 (2014)

Commonwealth of KENTUCKY, Education and Workforce Development Cabinet, Office for the Blind, Plaintiff-Appellant, v. UNITED STATES of America, by and through the Honorable Chuck HAGEL, Secretary of Defense, and the Honorable John McHugh, Secretary of the Army, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

July 21, 2014.

Attorney(s) appearing for the Case

ON BRIEF: Patrick B. Shirley , Commonwealth of Kentucky, Frankfort, Kentucky, for Appellant. Candace G. Hill , United States Attorney's Office, Louisville, Kentucky, for Appellee.

Before: MOORE, WHITE, and DONALD, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

The Randolph-Sheppard Act ("the Act"), ch. 638, 49 Stat. 1559 (1936) (codified at 20 U.S.C. §§ 107-107e), gives blind persons a priority in winning contracts to operate vending facilities on federal properties. One of these properties is Fort Campbell in Kentucky, which operates a cafeteria for its soldiers. For at least the last two decades, Kentucky's Office for the Blind ("OFB") has helped blind vendors...

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