MEYERS EX REL. BENZING v. TEXAS

No. 02-50452.

410 F.3d 236 (2005)

Marjorie MEYERS, by Next Friend Edgar C. BENZING, on behalf of herself and all others similarly situated; Helen Elkin, on behalf of herself and all others similarly situated; Ruth H. Davis, on behalf of herself and all others similarly situated; Phillip Greenberg, on behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. State of TEXAS; Texas Department of Transportation; William G. Burnett, Executive Director of the Texas Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 19, 2005.


Attorney(s) appearing for the Case

J. Hampton Skelton, Skelton, Woody & Arnold, Austin, TX, Charles R. Shaddox, Shaddox, Compere, Walraven & Good, San Antonio, TX, Stephen R. Senn (argued), Peterson & Myers, Lakeland, FL, for Plaintiffs-Appellants.

Sarah Elaine Harrington, Jessica Dunsay Silver, U.S. Dept. of Justice, Civ. Rights Div.-App. Section, Washington, DC, for Intervenor.

Lisa Royce Eskow (argued), Weil, Gotshal & Manges, Amy Warr, Austin, TX, for Defendants-Appellees.

James C. Harrington, Texas Civ. Rights Project, Austin, TX, for Amici Curiae.

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.


DENNIS, Circuit Judge:

The named plaintiffs1 originally brought this civil rights class action in Texas state court under Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101, et seq., against defendants, the State of Texas, the Texas Department of Transportation, and William Burnett ("defendants" or "Texas"). Texas removed the case to federal district court....

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