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MONTALVO v. RADCLIFFE

No. 98-1169.

167 F.3d 873 (1999)

Luciano MONTALVO, individually and as the parent and guardian of Michael Montalvo, Plaintiff-Appellant, v. James P. RADCLIFFE, II; Southside Virginia Police Karate Association, Incorporated, d/b/a U.S.A. Bushidokan, Defendants-Appellees, and Donna Radcliffe, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided February 12, 1999.

Attorney(s) appearing for the Case

ARGUED: Terry William Raney, Richmond, Virginia, for Appellant. Nathaniel Macon Collier, III, Colonial Heights, Virginia, for Appellees. ON BRIEF: John W. Whitehead, Stephen H. Aden, The Rutherford Institute, Charlottesville, Virginia, for Appellant.

Before WILKINS and NIEMEYER, Circuit Judges, and BLAKE, United States District Judge for the District of Maryland, sitting by designation.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WOLKINS and Judge BLAKE joined.

OPINION

NIEMEYER, Circuit Judge:

Michael Montalvo, a 12-year old boy with AIDS, was denied admission to a traditional Japanese style martial arts school because of his HIV-positive status. In this action, brought under Title III of the Americans with Disabilities Act (prohibiting discrimination on the basis of disability by places of public...

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