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FRAME v. CITY OF ARLINGTON

No. 08-10630.

575 F.3d 432 (2009)

Richard FRAME; Wendell Decker; Scott Updike; J.N., a minor, by his next friend and mother Gabriela Castro; Mark Hamman; Joey Salas, Plaintiffs-Appellants, v. CITY OF ARLINGTON, A Municipal Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 7, 2009.

Attorney(s) appearing for the Case

Miguel M. de la O (argued), De La O, Marko, Magolnick & Leyton, Miami, FL, for Plaintiffs-Appellants.

Edwin Armstrong Price Voss, Jr. (argued), Brown & Hofmeister, Richardson, TX, Denise V. Wilkerson, Arlington, TX, for Defendant-Appellee.

Before JOLLY, PRADO and SOUTHWICK, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The plaintiffs are persons with disabilities who depend on motorized wheelchairs for mobility. They allege that the City of Arlington, by failing to make the City's curbs, sidewalks, and certain parking lots ADA-compliant, has violated the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The district court dismissed their complaint on the basis that their claims were barred by the applicable two-year statute of limitations...

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