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ASS'N FOR DISABLED AMERICANS v. FLA. INTERN. UNIV.

No. 02-10360.

405 F.3d 954 (2005)

ASSOCIATION FOR DISABLED AMERICANS, INC., Michelle Calderon, Steve Brother, Jorge Luis Rodriguez, Plaintiffs-Appellants, United States of America, Intervenor, v. FLORIDA INTERNATIONAL UNIVERSITY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 6, 2005.

Attorney(s) appearing for the Case

Rhonda Anne Anderson, Rhonda A. Anderson, P.A., William Nicholas Charouhis, Charouhis & Associates, P.A., Miami, FL, for Plaintiffs-Appellants.

Sherril M. Colombo, Shook, Hardy & Bacon LLP, Miami, FL, for Defendant-Appellee.

Sarah E. Harrington, U.S. Dept. of Justice, Civil Rights, Appellate, Washington, DC, for Intervenor.

Before BIRCH, KRAVITCH and GIBSON, Circuit Judges.

KRAVITCH, Circuit Judge:

The issue presented in this case is whether the Eleventh Amendment prevents a disabled person from suing a state university under Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq. ("Title II of the ADA").

I. FACTS AND PROCEDURAL BACKGROUND

Plaintiffs-appellants, Association for Disabled Americans, Inc., Michelle Calderon, Steve Brother, and Jorge Rodriguez (collectively "appellants"),...

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