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MILLER v. TEXAS TECH UNIV. HEALTH SCIENCES CENTER

No. 02-10190.

330 F.3d 691 (2003)

Lucinda G. MILLER and Elaine King Miller, Plaintiffs-Appellees, v. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 13, 2003.

Attorney(s) appearing for the Case

Bradley W. Howard (argued), Grant A. Bannen, Brown & Fortunato, Amarillo, TX, for Plaintiffs-Appellees.

Amy Warr (argued), David Earl Jenkins, Asst. Atty. Gen., Austin, TX, for Defendant-Appellant.

Kevin K. Russell (argued), Jessica Dunsay Silver, U.S. Dept. of Justice, Civil Rights Div., Washington, DC, for U.S., Intervenor.

Before SMITH, BARKSDALE and EMILIO M. GARZA, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Texas Tech University Health Sciences Center ("Tech") appeals an order denying its motion to dismiss Elaine King Miller's claim of a violation of § 504 the Rehabilitation Act of 1973, 29 U.S.C. § 794. Tech argues that it enjoys state sovereign immunity from King Miller's § 504 claim. On the basis of Pace v. Bogalusa City Sch. Bd., 325 F.3d 609 (5th Cir.2003),1...

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