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United States Tenth Circuit


Toomer v. City Cab, 05-4091

Summary judgment for defendants, cab companies, in an Americans with Disabilities Act (ADA) action seeking to require defendants to provide service to powered wheelchair users is affirmed where the district court properly concluded that there was no ADA violation because the term "new vehicle" meant vehicles with no prior use, not vehicles manufactured after the effective date of the ADA.

Appellate Information

  • Decided 04/05/2006
  • Published 04/05/2006

Judges

  • KELLY, Circuit Judge., Before KELLY, McKAY, and O'BRIEN, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Richard F. Armknecht, III, Armknecht & Cowdell, P.C., Lindon, UT, for Plaintiffs-Appellants.

  • For Appellees:
  • Donald J. Winder (and John W. Holt, with him on the brief), Winder & Haslam, P.C, Salt Lake City, UT, for Defendants-Appellees.
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