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NEINAST v. TEXAS

No. 99-50811.

217 F.3d 275 (2000)

Nell NEINAST, Plaintiff-Appellant, v. STATE of TEXAS; Texas Department of Transportation; David M. Laney; Robert Nichols; John W. Johnson; Charles W. Hald; Jerry Dike; Vehicle Titles and Registration Division, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 27, 2000.

Attorney(s) appearing for the Case

Gene I. Mesh (argued), Gene Mesh & Associates, Cincinnati, OH, R.A. Dean Carlton, Jr. (argued), Fiedler, Akin, Frank & Carlton, Sunnyvale, TX, for Plaintiff-Appellant.

Gregory Scott Coleman (argued), Stuart Kyle Duncan, Austin, TX, for Defendants-Appellees.

Before REYNALDO G. GARZA, HIGGINBOTHAM and BENAVIDES, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 27, 2000.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Today we review a challenge under the Americans with Disabilities Act ("ADA") to Texas's fee for handicapped parking placards in light of jurisdictional and immunity defenses by the State. Texas asserts that Nell Neinast cannot bring this suit in federal court because the placard charge is a tax, barring our review under...

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