ACCESS FOR THE DISABLED, INC. v. J.C. PENNEY PROPERTIES, INC., 11-1135 (4th Cir. 11-10-2011)

ACCESS FOR THE DISABLED, INCORPORATED, a Florida not for profit corporation; DENISE PAYNE, Individually, Plaintiffs-Appellants, v. J.C. PENNEY PROPERTIES, INCORPORATED, Defendant-Appellee.

No. 11-1135.United States Court of Appeals, Fourth Circuit.Submitted: October 20, 2011.
Decided: November 10, 2011.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Charles B. Day, Magistrate Judge (8:09-cv-01395-CBD).

Before GREGORY and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Thomas B. Bacon, THOMAS B. BACON, PA, Cooper City, Florida, for Appellants. Christopher R. Dunn, John W. Leonard, DECARO, DORAN, SICILIANO, GALLAGHER DEBLASIS, LLP, Bowie, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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Denise Payne and Access for the Disabled, Inc., appeal the district court’s orders dismissing their claims arising under Title III of the Americans with Disabilities Act, 42 U.S.C. §§ 1218112189 (2006), and denying their motion for reconsideration. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Access for the Disabled, Inc. v.J.C. Penney Props., Inc., No. 8:09-cv-01395-CBD (D. Md. Dec. 2, 2010; Jan. 20, 2011). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.


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