IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-31202
Summary Calendar
WAYNE PETER BERGERON,
Plaintiff-Appellant,
versus
CITY OF MORGAN CITY, ET AL.
Defendants
LOUISIANA DEPARTMENT OF TRANSPORTATION
AND DEVELOPMENT
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 94-CV-712
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May 15, 1996
Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM:*
Wayne Bergeron, who is confined to a wheelchair, appeals the
summary judgment dismissing his claim under the Americans with
Disabilities Act, 42 U.S.C. § 12181, against the Louisiana
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
No. 95-31202
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Department of Transportation and Development. This district court
held that the curb in question, which lacked a ramp or curb cut,
was completed prior to the effective date of the ADA and therefore
is not covered by the Act. Mr. Bergeron argues that a factual
issue exists as to the exact location of the accident. We have
reviewed the record and the district court’s opinion and find no
reversible error. Accordingly, we affirm for the same reasons
given by the district court. Bergeron v. City of Morgan City, No.
94-CV-712 (W.D. La. Oct. 26, 1995).
AFFIRMED.