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LOMBARDO v. WARNER

No. 02-35269.

481 F.3d 1135 (2007)

James LOMBARDO, Plaintiff-Appellant, v. Bruce WARNER, in his official capacity as Director of the Oregon Department of Transportation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 5, 2007.

Attorney(s) appearing for the Case

Alan R. Herson, Jacksonville, OR, for the plaintiff-appellant.

Hardy Myers, Attorney General; Mary H. Williams, Solicitor General; Janet A. Metcalf, Assistant Attorney General, Salem, OR, for the defendant-appellee.

Before MARY M. SCHROEDER, Chief Circuit Judge, WARREN J. FERGUSON, ANDREW J. KLEINFELD, A. WALLACE TASHIMA, SIDNEY R. THOMAS, M. MARGARET McKEOWN, KIM McLANE WARDLAW, RAYMOND C. FISHER, MARSHA S. BERZON, RICHARD R. CLIFTON, and JAY S. BYBEE, Circuit Judges.

Argued and Submitted En Banc October 12, 2004.

ORDER

After we took this case en banc, Lombardo v. Warner, 371 F.3d 538 (9th Cir. 2004), and after oral argument before the en banc panel, we certified two questions to the Oregon Supreme Court, see Lombardo v. Warner, 391 F.3d 1008 (9th Cir. 2004). On March 23, 2006, the Oregon Supreme Court addressed the certified questions in...

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