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BOTOSAN v. PAUL McNALLY REALTY

No. 99-55580.

216 F.3d 827 (2000)

Kornel BOTOSAN, Plaintiff-Appellee, v. PAUL McNALLY REALTY, a California corporation; Chuck N. Ruston, Trustee of Trust U/D/T Dated Eleven October 1990; Judith A. Ruston, Trustee of Trust U/D/T Dated Eleven October 1990, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 20, 2000.

Attorney(s) appearing for the Case

Donald Merkin, Merkin & Associates, La Jolla, California, for the defendants-appellants.

Russell C. Handy, Law Offices of Mark D. Potter, San Diego, California, for the plaintiff-appellee.

Miriam R. Eisenstein, United States Department of Justice, Washington, DC, for amicus United States.

Before: BROWNING and TASHIMA, Circuit Judges, and KING, District Judge.

KING, District Judge:

Plaintiff-Appellee Kornel Botosan ("Appellee") filed a private action against Defendants-Appellants Chuck and Judith Ruston (the "Rustons") and Paul McNally Realty, Inc., dba Realty World ("Realty World"; collectively, "Appellants"), alleging violations of the Americans With Disabilities Act ("ADA" or the "Act"), 42 U.S.C. § 12101 et seq., and California's Unruh Civil Rights Act, Cal. Civ.Code § 51 et seq. Appellee claims...

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