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DOE v. STINCER

No. 98-4027.

175 F.3d 879 (1999)

Chris DOE, et al., Plaintiffs, Advocacy Center For Persons With Disabilities, Inc., Plaintiff-Appellee, v. Carlos E. STINCER, Dr., et al., Defendants, Attorney General, Attorney for the State of Florida, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 4, 1999.

Attorney(s) appearing for the Case

Scott A. Masel, Charles Fahlbusch, Asst. Attys. Gen., Civil Litigation Division, Ft. Lauderdale, FL, for Defendant-Appellant.

James K. Green, West Palm Beach, FL, Susan Stefan, Coral Gables, FL, Ellen Saidman, ACFPWD, Ft. Lauderdale, FL, for Plaintiffs-Appellees.

Bradley H. Trushin, Miami, FL, for Stincer and Mercy Hospital.

Before HATCHETT, Chief Judge, BARKETT, Circuit Judge, and RONEY, Senior Circuit Judge.

BARKETT, Circuit Judge:

The Attorney General of the State of Florida appeals the district court's order permanently enjoining the enforcement of Fla. Stat. Ann. § 395.3025(2) as preempted by the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ("ADA"). The Attorney General argues that the district court erred in enjoining the statute because the Advocacy Center for Persons With Disabilities, Inc. ("Advocacy Center") lacked standing and...

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