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LOVE v. DELTA AIR LINES

No. 02-10223.

310 F.3d 1347 (2002)

Cynthia LOVE, Plaintiff-Appellant, v. DELTA AIR LINES, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 31, 2002.

Attorney(s) appearing for the Case

Letta Dillard Gorman, Montgomery, AL, for Plaintiff-Appellant.

James W. Garrett, Jr., Robert A. Huffaker, Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, AL, for Defendant-Appellee.

Sheila A. Bedi, IPR/Georgetown University of Law Center, Washington, DC, for Amicus Curiae Paralyzed Veterans of America.

Before DUBINA, MARCUS and GOODWIN, Circuit Judges.

MARCUS, Circuit Judge:

The Air Carrier Access Act of 1986 (the "ACAA"), 100 Stat. 1080, as amended, 49 U.S.C. § 41705, prohibits air carriers from discriminating against disabled individuals. This interlocutory appeal presents a question of first impression in this circuit: Does the ACAA create by implication a private right of action in a federal district court for a disabled individual alleging violations of its provisions? The district court answered this...

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