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DEP'T OF HUMAN SERVICES v. U.S. DEP'T OF EDUC.

Nos. 21-16242 21-16323.

46 F.4th 1148 (2022)

State of Hawaii, DEPARTMENT OF HUMAN SERVICES, DIVISION OF VOCATIONAL REHABILITATION, HOOPONO-SERVICES FOR THE BLIND, Plaintiff-Appellee/Cross-Appellant, v. U.S. DEPARTMENT OF EDUCATION, REHABILITATION SERVICES ADMINISTRATION, Defendant-Appellant/Cross-Appellee, and United States Department of the Army, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed August 30, 2022.

Attorney(s) appearing for the Case

Laura E. Myron (argued) and Mark B. Stern , Appellate Staff; Judith A. Philips , Acting United States Attorney; Brian M. Boynton , Acting Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellants/Cross-Appellees.

Ryan W. Goellner (argued) and Matthew C. Blickensderfer , Frost Brown Todd LLC, Cincinatti, Ohio; Daniel F. Edwards , Taft Stettinius & Hollister LLP, Columbus, Ohio; James W. Walther and Lynne M. Youmans , Deputy Attorneys General; Department of the Attorney General, Honolulu, Hawai'i; for Plaintiff-Appellee/Cross-Appellant.

Andrew D. Freeman and James O. Strawbridge , Brown Goldstein & Levy LLP, Baltimore, Maryland, for Amici Curiae National Association of Blind Merchants and National Council of State Agencies for the Blind.

Before: Kim McLane Wardlaw, Jacqueline H. Nguyen, and John B. Owens, Circuit Judges.

OPINION

Ho'opono, the Hawaii state agency charged with protecting the rights of blind vendors under the Randolph-Sheppard Act, see 20 U.S.C. §§ 107-107f, challenges the United States Department of the Army's (Army) changes to the operation of its dining facilities at Schofield Barracks and Wheeler...

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