No. 99-56221

259 F.3d 1029 (2001)

John Lonberg, an individual; Ruthee Goldkorn, an individual, Plaintiffs-Appellants, and UNITED STATES of America, Intervenor, v. SANBORN THEATERS INC, a Ahm-Bqr California corporation d/b/a Market Place Cinema; Salts, Troutman & Kaneshiro Inc., a California corporation; West Coast Realty Investors Inc., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2001

Amended September 27, 2001

Attorney(s) appearing for the Case

Terry Kilpatrick (argued), San Diego, California, for the plaintiffs-appellants.

Gregory F. Hurley and Michael J. Mills (argued), Kutak Rock, Newport Beach California, for the defendants-appellees.

Before: Dorothy W. Nelson, Diarmuid F. O'Scannlain, and Andrew J. Kleinfeld, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether an architect can be held liable for designing a movie theater which is not in compliance with the Americans with Disabilities Act.


The Market Place Cinema ("Market Place") is located in Riverside, California, and is a multiplex theater with four auditorium-style and two stadium-style movie theaters. Market Place is operated by Sanborn Theaters, Inc. ("Sanborn"). The owner of the property and building...

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