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MIGNEAULT v. PECK

No. 97-2099.

204 F.3d 1003 (2000)

Joanne B. MIGNEAULT, Plaintiff-Appellee, v. Richard PECK, President; David L. McKinney, Vice President for Business and Finance; Paul Roth, M.D., Dean of the School of Medicine; Romeo Ortiz, Director of Human Resources, Defendants, and University of New Mexico; Jane E. Henney, M.D., Vice President for Health Sciences, Defendants-Appellants, United States of America, Intervenor, American Association of Retired Persons, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

February 25, 2000

Attorney(s) appearing for the Case

Donna L. Dagnall, Albuquerque, New Mexico, for Plaintiff-Appellee.

Paula I. Forney of Law Offices, Santa Fe, New Mexico, for Defendants-Appellants.

Seth M. Galanter (Jessica Dunsay Silver with him on the brief), Department of Justice, Washington, D.C., for the Intervenor.

Cathy Ventrell-Monsees and Laurie A. McCann of American Association of Retired Persons, Washington, D.C., on the brief for Amicus Curiae.

Before BRORBY, McKAY, and PORFILIO, Circuit Judges.

OPINION ON REMAND

BRORBY, Circuit Judge.

In Migneault v. Peck, 158 F.3d 1131, 1139 (10th Cir.1998), we concluded the district court correctly denied Eleventh Amendment immunity to the University of New Mexico ("University") against Ms. Migneault's Age Discrimination in Employment Act ("ADEA") claim. In so holding, we followed Tenth Circuit precedent established in Hurd v. Pittsburg State University,

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