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BOSWELL v. SKYWEST AIRLINES, INC.

No. 02-4188.

361 F.3d 1263 (2004)

Susan BOSWELL, Plaintiff-Appellant, v. SKYWEST AIRLINES, INC., a Utah corporation, Defendant-Appellee. United States Department of Transportation, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

March 15, 2004.

Attorney(s) appearing for the Case

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.

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.

Before SEYMOUR, HENRY, and McCONNELL, Circuit Judges.

HENRY, Circuit Judge.

Susan Boswell filed this action against Skywest Airlines, Inc., seeking an injunction requiring Skywest to provide medical oxygen for her on flights from St George to Salt Lake City, Utah. Ms. Boswell asserted claims under the Rehabilitation Act, 29 U.S.C. § 794, and the Air Carrier Access Act (ACAA), 49 U.S.C. § 41705. The district court granted summary judgment to Skywest, reasoning that: (1) the Rehabilitation Act did not apply to...

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