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HURD v. PITTSBURG STATE UNIVERSITY

No. 95-3236.

109 F.3d 1540 (1997)

Chet A. HURD, Plaintiff-Appellant, v. PITTSBURG STATE UNIVERSITY, Defendant-Appellee. United States of America, Intervenor.

United States Court of Appeals, Tenth Circuit.

April 1, 1997.

Attorney(s) appearing for the Case

Mark A. Buchanan, The Popham Law Firm, P.C., Kansas City, Missouri, for Plaintiff-Appellant.

Kevin D. Case, Assistant Attorney General, Topeka, Kansas, for Defendant-Appellee.

Jessica Dunsay Silver and Seth M. Galanter, Attorneys, Department of Justice, Washington, D.C., filed a brief for Intervenor.

Before SEYMOUR, Chief Judge, PORFILIO, and LUCERO, Circuit Judges.

SEYMOUR, Chief Judge.

Plaintiff Chet A. Hurd appeals from a jury verdict in favor of defendant Pittsburg State University on Mr. Hurd's claim of discrimination under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634. After concluding that Seminole Tribe of Florida v. Florida, ___ U.S. ___, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996), does not deprive us of jurisdiction over Mr. Hurd's claim against the state, we affirm.

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