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STEVENS v. PREMIER CRUISES, INC.

No. 98-5913.

284 F.3d 1187 (2002)

Tammy STEVENS, Plaintiff-Appellant, v. PREMIER CRUISES, INC., a Canadian corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 1, 2002.

Attorney(s) appearing for the Case

Matthew W. Dietz, Miami, FL, Jennifer L. Augspurger, Boca Raton, FL, for Plaintiff-Appellant.

Thomas R. Julin, Hunton & Williams, Miami, FL, for Defendant-Appellee.

Andrea Picciotti-Bayer, Jessica Dunsay Silver, Timothy J. Moran, U.S. Dept. of Justice, Civil Rights Div., Washington, DC, Jeffrey Bradford Maltzman, Kaye, Rose & Maltzman, LLP, Lauri Waldman Ross, Ross & Tilghman, Miami, FL, for Amicus Curiae.

Before EDMONDSON and BARKETT, Circuit Judges, and COHILL, District Judge.

BY THE COURT:

This matter is before the Court on a motion for rehearing and on a suggestion for rehearing en banc. They both are DENIED.

The panel, however, does now clarify footnote 8 in its original opinion.

This case came before us on a 12(b)(6) motion to dismiss. We determined that the district court erred in its conclusion that Title III of the ADA — as a matter of law — can have no application...

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