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THOMAS v. NAKATANI

No. 01-16310.

309 F.3d 1203 (2002)

Sue THOMAS, Plaintiff-Appellee, v. James J. NAKATANI, individually and in his capacity as Chairman of the Board of Agriculture, State of Hawaii; Department of Agriculture, State of Hawaii; State of Hawaii, Defendants-Appellants, and United States of America, Defendant-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed November 6, 2002.

Attorney(s) appearing for the Case

Michael W. Kirk, Cooper & Kirk, Washington, D.C.; Deborah Day Emerson and David A. Webber, Deputy Attorneys General for Dept. of Attorney General, State of Hawai'i, for the defendants-appellants.

Michael A. Lilly and John Winnicki, Ning Lilly & Jones, Honolulu, Hawaii, for the plaintiff-appellee.

Jessica Dunsay Silver and Seth M. Galanter, Attorneys, Civil Rights Division of the Department of Justice, Washington, D.C., for the intervenor.

Before: WALLACE, TASHIMA and TALLMAN, Circuit Judges.

WALLACE, Senior Circuit Judge:

Hawaii appeals from the district court's denial of its motion to dismiss Thomas' Americans with Disabilities Act (ADA) claims on sovereign immunity grounds. The district court had jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1332(a)(3) and (4). We have jurisdiction to determine whether or not we have jurisdiction. Matsuk v. INS, 247 F.3d 999, 1000-01 (9th Cir.2001). If we have jurisdiction...

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