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SPECTOR v. NORWEGIAN CRUISE LINE LTD.

Nos. 02-21154, 03-20056.

356 F.3d 641 (2004)

Douglas SPECTOR, et al., Plaintiffs-Appellants, v. NORWEGIAN CRUISE LINE LTD., doing business as Norwegian Cruise Line, Defendant-Appellee. Douglas Spector, et al., Plaintiffs-Appellees, v. Norwegian Cruise Line Ltd., doing business as Norwegian Cruise Line, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 12, 2004.

Attorney(s) appearing for the Case

William David George (argued), Brady Edwards, Edwards & George, William H. Bruckner, Elaine B. Roberts, Bruckner Burch, Houston, TX, for Doug Spector, Ana Spector, Julia Hollenbeck, David T. Killough and Rodger Peters.

Marie K. McElderry, Dennis J. Dimsey, Deputy Chief, U.S. Dept. of Justice, Civil Rights Div., Washington, DC, for U.S., Amicus Curiae.

Thomas Howard Wilson, Michael James Muskat (argued), Vinson & Elkins, Houston, TX, for Norwegian Cruise Line Ltd.

Before REAVLEY, JONES and CLEMENT, Circuit Judges.

EDITH H. JONES, Circuit Judge:

This appeal presents the question whether Title III of the Americans with Disabilities Act ("ADA") applies to foreign-flagged cruise ships. See 42 U.S.C. § 12182 (2000) et seq. As a matter of first impression in this circuit, we hold that it does not. We affirm in part and reverse in part the district court's interlocutory orders that formed the basis of this § 1292(b) appeal.

I. BACKGROUND

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