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JAIRATH v. DYER

No. 97-9153.

154 F.3d 1280 (1998)

Vimal JAIRATH, Plaintiff-Appellant, v. Wallace K. DYER, Dr., M.D., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 16, 1998.

Attorney(s) appearing for the Case

Milton Dale Rowan, Rowan & Neis, Atlanta, GA, for Plaintiff-Appellant.

Michael Pannier, Karl M. Braun, Jonathan Marigliano, Sullivan, Hall, Booth & Smith, Atlanta, GA, for Defendant-Appellee.

Before ANDERSON and BIRCH, Circuit Judges, and PAINE, Senior District Judge.

ANDERSON, Circuit Judge:

This appeal requires this court to determine whether the district court has subject-matter jurisdiction over a discrimination claim brought by a person who was denied medical assistance. Vimal Jairath ("Jairath") brought suit pursuant to O.C.G.A. § 51-1-6, for damages based upon a breach of a duty created under the Americans with Disabilities Act ("ADA"), pursuant to 42 U.S.C. § 12182(a). The defendant, Dr. Wallace K. Dyer, asserting...

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