Wilson v. Blount, 127-69.
Decision Date | 03 March 1970 |
Docket Number | No. 127-69.,127-69. |
Citation | 422 F.2d 866 |
Parties | Adam WILSON, Plaintiff-Appellant, v. Winton M. BLOUNT, Postmaster General of the United States, et al., Defendants-Appellees, and State Board of Social Welfare, Division of Services for the Blind, Defendant-Appellant. Joe LOYA and State Board of Social Welfare, Division of Services for the Blind, Plaintiffs-Appellants, v. Winton M. BLOUNT, Postmaster General of the United States, et al., Defendants-Appellees. |
Court | U.S. Court of Appeals — Tenth Circuit |
Charles V. Hamm, State Bd. of Social Welfare, Topeka, Kan., for appellant State Bd. of Social Welfare, Div. of Services for the Blind.
Stephen R. Felson, Dept. of Justice, Washington, D. C. (William D. Ruckelshaus, Asst. Atty. Gen., Robert J. Roth, U. S. Atty., and Alan S. Rosenthal, Atty., Washington, D. C., on the brief), for appellees.
Before MURRAH, Chief Judge, and HILL and HICKEY, Circuit Judges.
This appeal is from a Judgment of the District Court of Kansas sustaining defendants' motion for summary judgment and overruling plaintiffs' motion for summary judgment. The critical question is whether a blind person operating a vending stand in the Federal Court House in Kansas City, Kansas, pursuant to 20 U.S.C. Section 107 et seq. ( ) is entitled to enjoin the Postmaster General from removing vending machines located in another federal building and from which the blind person receives income.
Judge Templar sustained subject matter jurisdiction and held that removal of the vending machines did not violate any of plaintiffs' rights vested under 20 U.S.C. Section 107. We have examined the records and briefs and conclude that the judgment of the trial court is clearly right and should be affirmed for the reasons stated in Judge Templar's comprehensive Memorandum of Decision, 309 F.Supp. 263.
Judgment affirmed.
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Delaware Dept. of Health and Social Services, Div. for Visually Impaired v. U.S. Dept. of Educ.
...basis of the decision of the Postmaster General to remove vending machines from a postal facility. The court was upheld on appeal [422 F.2d 866 (1970) ], and the U.S. Supreme Court denied certiorari [400 U.S. 865, 91 S.Ct. 102, 27 L.Ed.2d 104 (1970) ]. It is the expectation of the Committee......