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OREGON PARALYZED VETERANS v. REGAL CINEMAS

No. 01-35554.

339 F.3d 1126 (2003)

OREGON PARALYZED VETERANS OF AMERICA, an Oregon non-profit Corporation, Plaintiff, and Kathy Stewmon; Tina Smith; Kathy Braddy, Plaintiffs-Appellants, v. REGAL CINEMAS, INC., a Tennessee Corporation doing business in Oregon; Eastgate Theatre Inc., dba Act III Theater, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 13, 2003.

Attorney(s) appearing for the Case

Kathleen L. Wilde, Oregon Advocacy Center, Portland, OR, for the plaintiffs-appellants.

Laura M. Franze, Akin, Gump, Strauss, Hauer & Feld, LLP, Dallas, TX, for the defendants-appellees.

Before: B. FLETCHER, KLEINFELD and McKEOWN, Circuit Judges.

Opinion by Judge BETTY B. FLETCHER; Dissent by Judge KLEINFELD.

BETTY B. FLETCHER, Circuit Judge:

This appeal concerns the validity of the Department of Justice's ("DOJ") interpretation of its own regulation requiring that movie theaters, pursuant to Title III of the ADA, provide comparable lines of sight for wheelchair-bound and non-wheelchair-bound moviegoers. Three individual, disabled plaintiffs and the Oregon...

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