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AUTIO v. AFSCME, LOCAL 3139

No. 97-3145.

140 F.3d 802 (1998)

Jock Orville AUTIO, Plaintiff-Appellee, United States of America, Intervenor-Appellee, v. AFSCME, LOCAL 3139, Defendant, State of Minnesota, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 9, 1998.

Order Granting Rehearing and Vacating Opinion July 7, 1998.

Attorney(s) appearing for the Case

Melissa L. Wright, St. Paul, MN, argued, for Defendant-Appellant.

Steven E. Rau, Minneapolis, MN, argued, for Autio.

Seth M. Glanter, Washington, DC, argued, for United States.

Before BEAM and HEANEY, Circuit Judges, and WATERS, District Judge.

Order Granting Rehearing En Banc and Vacating Opinion July 7, 1998.

HEANEY, Circuit Judge.

The State of Minnesota appeals the district court's denial of its motion to dismiss Jock Orville Autio's claims under the Americans with Disabilities Act (ADA) and other supplemental state law claims. Minnesota contends that Autio's claims should have been dismissed because the district court lacked jurisdiction. Specifically, Minnesota argues that the Eleventh Amendment...

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