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ALLEN v. OLLIE'S BARGAIN OUTLET, INC.

No. 21-2121.

37 F.4th 890 (2022)

Irma ALLEN; Bartley Michael Mullen, Jr., Individually and on behalf of all others similarly situated v. OLLIE'S BARGAIN OUTLET, INC., Appellant.

United States Court of Appeals, Third Circuit.

Filed: June 24, 2022.

Attorney(s) appearing for the Case

Richard L. Etter [ARGUED], Ogletree Deakins, One PPG Place, Suite 1900, Pittsburgh, PA 15222, David L. Schenberg , Ogletree Deakins, 7700 Bonhomme Avenue, Suite 650, St. Louis, MO 63105, Counsel for Appellant.

R. Bruce Carlson , Carlson Brown , 222 Broad Street, Sewickley, PA 15143, Gary F. Lynch , Elizabeth Pollock-Avery , Kelly K. Iverson , Jamisen A. Etzel [ARGUED], Nicholas Colella , Lynch Carpenter, 1133 Penn Avenue, 5th Floor, Pittsburgh, PA 15222, Counsel for Appellees.

Before: JORDAN, KRAUSE, and PORTER, Circuit Judges.

OPINION OF THE COURT

Irma Allen and Bartley Mullen are disabled and need wheelchairs to move about. Hoping to find "Good Stuff Cheap," they went shopping at two different bargain stores owned by Ollie's Bargain Outlet, Inc. ("Ollie's"). But once inside Ollie's, they encountered an obstacle course: pillars, clothing...

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