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FOLEY v. CITY OF LAFAYETTE. IND.

No. 03-2168.

359 F.3d 925 (2004)

Robert FOLEY and Patricia Foley, Plaintiffs-Appellants, v. CITY OF LAFAYETTE, INDIANA, and Fred Taylor, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 8, 2004.

Attorney(s) appearing for the Case

Robert L. Justice (argued), Logansport, IN, for Plaintiffs-Appellants.

Liberty L. Roberts (argued), Collier-Magar & Roberts, Indianapolis, IN, for Defendants-Appellees.

Before FLAUM, Chief Judge, and EASTERBROOK and KANNE, Circuit Judges.

KANNE, Circuit Judge.

Robert Foley alleges that the City of Lafayette violated the Americans with Disabilities Act ("ADA") and the Rehabilitation Act of 1973 by failing to provide adequate egress from the city-owned train-station platform. The district court, relying on 49 C.F.R. § 37.161, concluded that the inoperable elevators and snow-covered ramp that prevented Foley from an easy exit from the plat-form were non-actionable isolated or temporary conditions...

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