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STATE v. UNITED STATES

No. 19-3397.

986 F.3d 618 (2021)

STATE of Ohio, Opportunities for Ohioans with Disabilities, Bureau of Services of Visually Impaired, Business Enterprise Program, Petitioner-Appellee, v. UNITED STATES Department of Education, et al., Respondents, James Cyrus, Intervenor-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 25, 2021.

Attorney(s) appearing for the Case

ARGUED: Paul T. Belazis , MALONE, AULT & FARELL, Toledo, Ohio, for Appellant. Katherine J. Bockbrader , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee. ON BRIEF: Paul T. Belazis , MALONE, AULT & FARELL, Toledo, Ohio, for Appellant. Katherine J. Bockbrader , Charissa Payer , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee. Franklin J. Hickman , HICKMAN & LOWDER CO., L.P.A., Cleveland, Ohio, for Amici Curiae.

Before: BATCHELDER, STRANCH, and NALBANDIAN, Circuit Judges.

OPINION

To participate in a program that provided opportunities to blind vendors under federal and state law, James Cyrus signed a contract with a state agency establishing vending facilities. As a condition of participating in the program, he agreed to pay commissions to state and county facilities in Ohio....

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