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MENKOWITZ v. POTTSTOWN MEMORIAL MEDICAL CENTER

No. 97-2041.

154 F.3d 113 (1998)

Elliot MENKOWITZ, M.D.; Susan Menkowitz Appellants, v. POTTSTOWN MEMORIAL MEDICAL CENTER; Richard Saylor, M.D., Individually and as an Agent of Pottstown Memorial Medical Center; Patricia Draxler, R.N., Individually and as an Agent of Pottstown Memorial Medical Center; Henry Pollak, Individually and as Agent of Pottstown Memorial Medical Center; John J. Buckley, Individually as an Agent of Pottstown Memorial Medical Center; Milton D. Martyny, Individually and as an Agent of Pottstown Memorial Medical Center; Joseph Krantzler, M.D., Individually and as an Agent of Pottstown Memorial Medical Center; John Lignelli, D.D.S., Individually and as an Agent of Pottstown Memorial Medical Center.

United States Court of Appeals, Third Circuit.

Decided August 24, 1998.

Attorney(s) appearing for the Case

Alan B. Epstein (Argued), Scott A. Burr, Jablon, Epstein, Wolf & Drucker, Philadelphia, Pennsylvania, for Appellants.

Bill Lann Lee, Acting Assistant Attorney General; Jessica Dunsay Silver (Argued), Marie K. McElderry, Washington, DC, for Department of Justice.

Norman E. Greenspan (# 17631) (Argued), George J. Krueger (# 30501), Jordana Cooper (# 62375), Lesley S. Bonney (# 77868), Rebecca C. Ward (# 79547), Blank, Rome, Comisky & McCauley LLP, Philadelphia, Pennsylvania, for Appellees.

Before: SCIRICA, NYGAARD and SEITZ, Circuit Judges

OPINION OF THE COURT

SEITZ, Circuit Judge.

Dr. Elliot Menkowitz ("appellant") appeals the order of the district court granting defendants' Fed.R.Civ.P. 12(b)(6) motion to dismiss claims brought under the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 (1994) ("the ADA"), and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (1994) ("the Rehabilitation Act"). In contesting the district court's interpretation of the ADA...

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