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FRAME v. CITY OF ARLINGTON

No. 08-10630.

616 F.3d 476 (2010)

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.

August 23, 2010.

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, L.L.P., Richardson, TX, Denise V. Wilkerson, Asst. City Atty., Arlington, TX, for Defendant-Appellee.

Before JOLLY, PRADO and SOUTHWICK, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The petition for rehearing is GRANTED. We withdraw our prior opinion, Frame v. City of Arlington, 575 F.3d 432 (5th Cir.2009), and substitute the following, which reflects substantial changes from the earlier opinion.1

OPINION ON REHEARING

The plaintiffs are persons with disabilities who depend on motorized wheelchairs

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