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EMBURY v. KING

No. 02-15030.

361 F.3d 562 (2004)

Stephen EMBURY, Plaintiff-Appellee, v. Talmadge E. KING, Jr., in his individual and official capacity; Lee Goldman, in his individual and official capacity; J. Michael Bishop, in his individual and official capacity; Regents of the University of California, a public corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 16, 2004.

As Amended May 17, 2004.

Attorney(s) appearing for the Case

Susan T. Kumagai (briefed) and Gary T. Lafayette (argued), Lafayette & Kumagai, LLP, San Francisco, CA, for appellant Regents of the University of California.

Fred M. Blum, Bassi, Martini & Blum, LLP, San Francisco, CA, Andrew Thomas Sinclair, Sinclair Law Office, Oakland, CA, for the appellee.

Before CANBY, JR., KLEINFELD, and RAWLINSON, Circuit Judges.

OPINION

KLEINFELD, Circuit Judge.

We determine here the breadth of a state's waiver of Eleventh Amendment immunity when it removes a case from state to federal court.

Procedural History

Stephen Embury, a physician, sued the Regents of the University of California (the "Regents" or the "State") and several individuals in December 2000 in the Superior Court of the State of California, and simultaneously...

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