United States Tenth Circuit

The Air Carrier Access Act (ACAA) does not establish a private right of action. Summary judgment was properly granted to defendant on claim that the ACAA requires air carriers to provide medical oxygen unless they can demonstrate "an undue burden" or a "fundamental alteration of their program."

Appellate Information

• Decided 03/15/2004
• Published 03/15/2004

Judges

• HENRY, Circuit Judge., Before SEYMOUR, HENRY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Robert B. Denton,The Disability Law Center, Salt Lake City, Utah (John Pace and Sonia K. Sweeney with him on the brief), for the Plaintiff-Appellant.


• For Appellees:
  
• Heidi E.C. Leithead, of Parr Waddoups Brown Gee & Loveless, Salt Lake City, Utah, for the Defendant-Appellee., Rosalind A. Knapp, Deputy General Counsel, Paul M. Geier, Assistant General Counsel for Litigation, Samuel Podberesky, Assistant General Counsel for Aviation Enforcement and Proceedings of the United States Department of Transportation, and R. Alexander Acosta, Assistant Attorney General, and Mark L. Gross and Karl N. Gellert, Attorneys for the United States Department of Justice, filed an amicus curiae brief on behalf of the United States Department of Transportation for the Appellee.