MARCUS v. STATE OF KANSAS, DEPT. OF REVENUE

No. 97-3313.

170 F.3d 1305 (1999)

Joel MARCUS and David V. Morando, on their own behalf and all others similarly situated, Plaintiffs-Appellants, v. State of KANSAS, DEPARTMENT OF REVENUE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 23, 1999.


Attorney(s) appearing for the Case

Stephen R. Senn of Peterson & Myers, P.A., Lakeland, Florida (John J. Miller of Law Offices of John J. Miller, P.A., Overland Park, Kansas; and Robert Joseph Antonello of Antonello & Fegers, Winter Haven, Florida, with him on the briefs), for Plaintiffs-Appellants.

Joseph Brian Cox, Special Assistant Attorney General (Richard Cram with him on the brief), Legal Services Bureau, Kansas Department of Revenue, Topeka, Kansas, for Defendant-Appellee.

Before BRISCOE, McKAY, and LUCERO, Circuit Judges.


McKAY, Circuit Judge.

Plaintiffs Joel Marcus and David V. Morando appeal the district court's dismissal of their action pursuant to Federal Rule of Civil Procedure 12(b)(1). Because their claims arose under the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213, Plaintiffs asserted federal jurisdiction pursuant to 28 U.S.C. § 1331. However, the district court determined that the Tax Injunction Act, 28 U.S.C. § 1341, deprived it of jurisdiction...

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