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DAVITON v. COLUMBIA/HCA HEALTHCARE CORP.

No. 98-16698.

241 F.3d 1131 (2001)

Jeanette DAVITON; Candi Daviton-Sciandra, Plaintiffs-Appellants, v. COLUMBIA/HCA HEALTHCARE CORPORATION, dba San Leandro Hospital, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted September 20, 2000.

Filed March 1, 2001

Attorney(s) appearing for the Case

COUNSEL

J. Kendrick Kresse, California Center for Law and the Deaf, San Leandro, California, for appellants Jeanette Daviton and Candi Daviton-Sciandra.

Stephen W. Parrish, Foley & Lardner, San Francisco, California, for appellee Columbia/HCA Healthcare Corporation, dba, San Leandro Hospital.

Before: MARY M. SCHROEDER, Chief Judge, ALEX KOZINSKI, STEPHEN S. TROTT, THOMAS G. NELSON, MICHAEL DALY HAWKINS, A. WALLACE TASHIMA, SIDNEY R. THOMAS, BARRY G. SILVERMAN, RONALD M. GOULD, RICHARD A. PAEZ, and MARSHA S. BERZON, Circuit Judges.

Rehearing En Banc Granted June 1, 2000.

Argued and Submitted En Banc September 20, 2000.

OPINION

PAEZ, Circuit Judge:

Plaintiffs Jeanette Daviton and Candi Daviton-Sciandra (together, "the Davitons") appeal the dismissal, under Fed. R.Civ.P. 12(b)(6), of their complaint for disability discrimination. The district court determined that plaintiffs' claims were time-barred and that the statute of limitations was not tolled during the time they...

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