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ALASKA v. E.E.O.C.

No. 07-70174.

508 F.3d 476 (2007)

State of ALASKA, Office of the Governor, Petitioner, v. EEOC; United States of America, Respondents, Margaret G. Ward, Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed November 8, 2007.

Attorney(s) appearing for the Case

Richard W. Postma, Jr., Anchorage, AK, for the petitioner.

Stephanie Marcus, Washington, DC, for the respondents.

Lee Holen, Esq., Lee Holen Law Office, Anchorage, AK, for Intervenor Margaret G. Ward.

Before: J. CLIFFORD WALLACE, JOHN T. NOONAN, and RICHARD A. PAEZ, Circuit Judges.

NOONAN, Circuit Judge:

The State of Alaska, Office of the Governor (the Governor's Office) appeals the remand order of the United States Equal Employment Opportunity Commission (the EEOC) in a suit against the State of Alaska brought by two discharged members of the Governor's Office. We hold that the suit is barred by the Eleventh Amendment and direct its dismissal.

FACTS AND PROCEEDINGS

In the election of November 1990, Governor Walter Hickel ran...

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