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SEABORN v. STATE OF FLA., DEPT. OF CORRECTIONS

No. 97-2855.

143 F.3d 1405 (1998)

Charles SEABORN, Robert Harris, Plaintiffs-Appellants, v. STATE OF FLORIDA, DEPARTMENT OF CORRECTIONS, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 16, 1998.

Attorney(s) appearing for the Case

Marie A. Mattox, Mattox & Hood, P.A., Tallahassee, FL, for Plaintiffs-Appellants.

Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, FL, for Defendants-Appellees.

Before COX and BLACK, Circuit Judges, and RONEY, Senior Circuit Judge.

BLACK, Circuit Judge:

Appellants Charles Seaborn and Robert Harris brought this action against the State of Florida, Department of Corrections (Florida), alleging they were discriminated against in violation of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213(ADA). The district court granted Florida's motion for summary judgment and Appellants filed this appeal. Florida now asserts for the first time that it is entitled to Eleventh Amendment...

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