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MELTON v. DALLAS AREA RAPID TRANSIT

No. 04-10043.

391 F.3d 669 (2004)

Roger MELTON, Individually and as next friend of his son, Jason Melton; Sue Melton, Individually and as next friend of her son, Jason Melton; Advocacy, Incorporated, Plaintiffs-Appellants, v. DALLAS AREA RAPID TRANSIT, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 19, 2004.

Attorney(s) appearing for the Case

Laurance L. Priddy (argued), M. Elise Mitchell, Advocacy Inc., Dallas, TX, for Plaintiffs-Appellants.

Harold R. McKeever (argued), Dallas, Area Rapid Transit, Dallas, TX, for Defendant-Appellee.

Before GARWOOD, JOLLY and BARKSDALE, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Between 1992 and early 1999, Dallas Area Rapid Transit's paratransit service picked up the disabled Jason Melton in the alley directly behind his house. Dallas Area Rapid Transit ("DART") discontinued this practice in early 1999, citing safety concerns. Since 1999, DART has picked up Jason where the alley meets the street, approximately one block away from the house. Plaintiffs-appellants Roger and Sue Melton, as next friends of their...

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