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SCANLON v. ATASCADERO STATE HOSP.

No. 80-5201.

735 F.2d 359 (1984)

Douglas James SCANLON, Plaintiff-Appellant, v. ATASCADERO STATE HOSPITAL and California Department of Mental Health, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted October 15, 1981.

Decided May 24, 1982.

Certiorari Granted; Vacated and Remanded March 19, 1984.

Decided June 13, 1984.

Attorney(s) appearing for the Case

Marilyn Holle, Western Law Center for the Handicapped, Los Angeles, Cal., for plaintiff-appellant.

James E. Ryan, Deputy Atty. Gen., Los Angeles, Cal., for defendants-appellees; Prudence Kay Poppink, Employment Law Center, San Francisco, Cal., on brief.

Before DUNIWAY and FERGUSON, Circuit Judges and KELLAM, District Judge.

Decided May 24, 1982, 677 F.2d 1271.

Certiorari Granted; Vacated and Remanded March 19, 1984. S.C. No. 82-5812, 104 S.Ct. 1583, 80 L.Ed.2d 117.

DUNIWAY, Circuit Judge:

We consider for the second time Scanlon's claim of employment discrimination against the handicapped under § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. The district court dismissed the action on the ground of state immunity under...

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