Creighton Omaha Regional Health Care Corp. v. Lomas & Nettleton Co., 486 F.Supp. 392 (D.Neb.1980); Thermal Dynamics Corp. v. Union Carbide Corp., 214 F.Supp. 773 (D.N.Y.1963). 17 . Wilton v. Seven Falls Co.,U.S. -, -, 115 S.Ct. 2137, 2140-41, 132 L.Ed.2d 214 (1995); Rowan Companies, Inc. v. Griffin, 876 F.2d 26, 29 (5th Cir.1989). The Rowan factors are neither exhaustive, nor exclusive or mandatory. Granite State Ins. Co. v. Tandy Corp., 986 F.2d 94, 96 (5th Cir.1992). 18 . See Plaintiff's Complaint at 5-6. 19 . 706 F.2d 599 (5th Cir.1983). 20 . Id. at 601. 21 . The Attorney General’s Office surmises that DIA/HFS seeks the use of the recent Fifth Circuit opinion in Neff v. American Dairy Queen, 58 F.3d 1063 (5th Cir.), cert. denied, — U.S. —, 116 S.Ct. 704, 133 L.Ed.2d 660 (1995) (<HOLDING>). If DIA/HFS indeed is relying on such
holding that in order to establish liability under the ada the plaintiff must demonstrate that the defendant was an employer within the meaning of the statute holding the ada and the rehabilitation act applicable holding that the franchisor of the dairy queen chain was not required by section 302 of the ada to remove architectural barriers to access in restaurants built before the ada became law holding that title ii of the ada is not applicable to the federal government holding ada claim was discharged