United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT September 29, 2005
_______________________ Charles R. Fulbruge III
Clerk
No. 02-21154
_______________________
DOUGLAS SPECTOR, ET AL.,
Plaintiffs-Appellants,
versus
NORWEGIAN CRUISE LINE LTD., doing business as Norwegian
Cruise Line,
Defendant-Appellee.
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_______________________
No. 03-20056
_______________________
DOUGLAS SPECTOR, ET AL.,
Defendants-Appellees,
versus
NORWEGIAN CRUISE LINE LTD., doing business as Norwegian
Cruise Line,
Plaintiff-Appellant.
ORDER ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
_________________________________________________________________
Before REAVLEY, JONES, AND CLEMENT, Circuit Judges.
PER CURIAM:
On remand from the Supreme Court, this court requested
letters from counsel advising whether this court should decide the
remaining issues or should remand to the district court for further
proceedings. Responding to the request, counsel for Norwegian
Cruise Line raised for the first time fact-based mootness and
standing issues that are contested by counsel for Douglas Spector,
et al. To properly address these jurisdictional issues and, if
appropriate, the remaining issues in the case, we must remand. In
doing so, we note only that the district court’s original basis for
denying relief — the Government’s failure to promulgate uniform
physical accessibility guidelines for cruise ships — has not been
eliminated by the Supreme Court’s decision as at least a factor in
the liability determination.
REMANDED.
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