Opinion
No. 09-15668.
December 14, 2010.
Christopher A. Pace, Bernard H. Dempsey, Jr., Thomas Wade Young, Dempsey Associates, P.A., Winter Park, FL, John A. Baker, J. Phillip Krajewski, Springfield, IL, for Plaintiffs-Appellants.
Kerry Alan Scanlon, Jeremy M. White, Washington, DC, David Ferleger, David Ferleger Law Office, Jenkintown, PA, for Defendants-Appellees.
Appeal from the United States District Court for the Middle District of Florida. D.C. Docket No. 07-01785 CV-ORL-31-KRS.
Before WILSON, PRYOR and ANDERSON, Circuit Judges.
After oral argument and careful consideration, we conclude for the reasons fully discussed at oral argument that the district court erred in concluding that the named plaintiffs lacked prudential standing. The interests sought to be protected by the named plaintiffs are arguably within the zone of interest protected by 42 U.S.C. § 12182.
Accordingly, we vacate the judgment of the district court and remand for further proceedings, including inter alia a determination as to whether the claims of the named plaintiffs are typical of the claims of the class and whether they are adequate representatives of the class.
VAcaTED and REMANDED.