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  5. 881 F.2d 1184 (1989)
 

AM. DISABLED FOR ACCESSIBLE PUBLIC TR. v. SKINNER

Nos. 88-1139, 88-1177 and 88-1178.

881 F.2d 1184 (1989)

AMERICANS DISABLED FOR ACCESSIBLE PUBLIC TRANSPORTATION (ADAPT); Disabled in Action of Pennsylvania; The Coalition of Active Disabled of Chester County; The Chicago Council for Disability Rights; The Maryland Alliance of Advocates with the Handicapped; The Wisconsin Disability Coalition; Tulsans for Accessible Public Transit; The North Carolina Alliance of Disabled; The Maine Association of Handicapped Persons; ADAPT of Cleveland; The Coalition of Texans with Disabilities; ADAPT-West on behalf of their members; and Joyce Brock; Michael Landwehr; Susan Deis; Stephanie Cris Matthews; Walter S. Place; Stephen Margolis; Wendy Elliott-Vandivier v. Samuel K. SKINNER, Secretary of Transportation. (Two Cases) EASTERN PARALYZED VETERANS ASSOCIATION, INC., and James J. Peters v. Samuel K. SKINNER, Secretary of Transportation, Appellant in No. 88-1139. EASTERN PARALYZED VETERANS ASSOCIATION, INC., and James J. Peters v. Samuel K. SKINNER, Secretary of Transportation. (Two Cases) Appeal of AMERICANS DISABLED FOR ACCESSIBLE PUBLIC TRANSPORTATION (ADAPT), et al., in No. 88-1177. AMERICANS DISABLED FOR ACCESSIBLE PUBLIC TRANSPORTATION (ADAPT); Disabled in Action of Pennsylvania; The Coalition of Active Disabled of Chester County; The Chicago Council for Disability Rights; The Maryland Alliance of Advocates with the Handicapped; The Wisconsin Disability Coalition; Tulsans for Accessible Public Transit; The North Carolina Alliance of Disabled; The Maine Association of Handicapped Persons; ADAPT of Cleveland; The Coalition of Texans with Disabilities; ADAPT-West on behalf of their members; and Joyce Brock; Michael Landwehr; Susan Deis; Stephanie Cris Matthews; Walter S. Place; Stephen Margolis; Wendy Elliott-Vandivier v. Samuel K. SKINNER, in his capacity as Secretary of Transportation. Appeal of EASTERN PARALYZED VETERANS ASSOCIATION OF PENNSYLVANIA, INC. ("EPVA") and James J. Peters, in No. 88-1178.

United States Court of Appeals, Third Circuit.

Reargued May 15, 1989.

Decided July 24, 1989.

Attorney(s) appearing for the Case

Timothy M. Cook (Argued), Frank J. Laski, Lisa M. Rau, Philadelphia, Pa., Stephen F. Gold, Philadelphia, Pa., for appellant and cross-appellee Americans Disabled for Accessible Public Transp. (ADAPT).

Jeffrey Clair (argued), Peter R. Maier, Michael J. Singer, Mark Stern, U.S. Dept. of Justice Appellate Staff, Civ. Div., Washington, D.C., for appellee and cross-appellant Secretary of Transp.

Richard M. Zuckerman, James D. Fornari (argued), Jarblum, Solomon & Fornari, P.C., New York City, for appellants and cross-appellees Eastern Paralyzed Veterans Ass'n of Pennsylvania and James J. Peters.

Peter S. Greenberg, Joyce S. Meyers, Schnader, Harrison Segal & Lewis, Philadelphia, Pa., for appellant and cross-appellee Eastern Paralyzed Veterans Ass'n, Inc.

Before GIBBONS, Chief Judge, and SEITZ, HIGGINBOTHAM, SLOVITER, BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, and NYGAARD, Circuit Judges.

Reargued In Banc May 15, 1989.

Argued Oct. 5, 1988.

Before HIGGINBOTHAM, MANSMANN, and GREENBERG, Circuit Judges.

Reargued In Banc May 15, 1989.

Before GIBBONS, Chief Judge, and SEITZ, HIGGINBOTHAM, SLOVITER, BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, and NYGAARD, Circuit Judges.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

BECKER, Circuit Judge.

This case, before us on consolidated cross...

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