Legal Opinion
Marcus v. Kansas, Department of Revenue
Court of Appeals for the Tenth Circuit
Decided March 23, 1999No. 97-3313PublishedCited by 148 opinions
1Opinion of the Court
McKAY, Circuit Judge.
Plaintiffs Joel Marcus and David V. Mor-ando appeal the district court’s dismissal of their action pursuant to Federal Rule of Civil Procedure 12(b)(1). Because their claims arose under the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213, Plaintiffs asserted federal jurisdiction pursuant to 28 U.S.C. § 1331. However, the district court determined that the Tax Injunction Act, 28 U.S.C. § 1341, deprived it of jurisdiction over the subject matter of the action and accordingly dismissed the action without reaching its merits.
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Title II of the ADA requires public…
2Cases cited30 opinions
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3Cited by148 opinions
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- Devon Energy Production Co. v. Mosiac Potash Carlsbad, Inc.Court of Appeals for the Tenth Circuit · 2012
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