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ZIMMERMAN v. STATE, DEPT. OF JUSTICE

No. 97-36101.

170 F.3d 1169 (1999)

Scot L. ZIMMERMAN, Plaintiff-Appellant, v. State of OREGON DEPARTMENT OF JUSTICE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 18, 1999.

Attorney(s) appearing for the Case

Arlene B. Mayerson, Disability Rights Education & Defense Fund, Inc., Berkeley, California; John L. Schilling, Blake & Schilling, L.L.P., Lake Oswego, Oregon, for the plaintiff-appellant.

Denise G. Fjordbeck, Assistant Attorney General, Oregon Department of Justice, for the defendant-appellee.

Marie K. McElderry, Attorney, United States Department of Justice, Washington, DC, for amicus curiae United States.

Before: KOZINSKI, KLEINFELD, and GRABER, Circuit Judges.

GRABER, Circuit Judge:

Plaintiff brought this action claiming, in part, that defendant's employment practices discriminated against him in violation of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131, et seq. The district court dismissed the action, holding that Title II of the ADA does not apply to employment. Addressing this issue of first impression for the Ninth Circuit, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND...

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