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ANDERSON v. ROCHESTER-GENESEE REGIONAL TRANSP.

Docket No. 01-9105.

337 F.3d 201 (2003)

Deborah ANDERSON, Bernice Bird, Debra Bonomo, Charlene Carges, Kathryn Froelich, Barbara Forgione, Carmen Hernandez, Lynne Gentry, Ismael Massa, Jeffrey Miller, Vladimir Pelakh, Shelly Perrin, Center for Disability Advocacy Rights, Inc., Plaintiffs-Appellees, v. ROCHESTER-GENESEE REGIONAL TRANSPORTATION AUTHORITY, Donald J. Riley, in his official capacity as Chief Executive Officer of the Rochester-Genesee Regional Transportation Authority, Lift Line, Inc., Debie Himmelsbach, in her official capacity as Director of Regional Operations of Lift Line, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: July 23, 2003.

Attorney(s) appearing for the Case

Paul J. Yesawich III, Harris Beach LLP, Pittsford, N.Y. (Scott D. Piper, on the brief), for Defendants-Appellants.

David L. Cook, Nixon Peabody LLP, Rochester, N.Y. (Brian C. Eckman, Nixon Peabody LLP; and Bryan Hetherington, Sarah Gilmour, and Peter O'Brian Dellinger, Public Interest Law Office of Rochester, on the brief), for Plaintiffs-Appellees.

Before: JACOBS, CABRANES, and F.I. PARKER, Jr., Circuit Judges.

JACOBS, Circuit Judge.

The plaintiffs, twelve disabled individuals and a disability rights organization, allege that the defendants' paratransit system for disabled persons in the Rochester, New York area violated the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA" or the "Act"). The defendants moved for summary judgment in lieu of answering the complaint, and the plaintiffs cross-moved for summary judgment on three of their four claims...

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