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SHARER v. OREGON

No. 08-35396.

581 F.3d 1176 (2009)

Lois SHARER; Steven Humber, Plaintiffs-Appellants, v. State of OREGON; Peter Ozanne; Peter Gartlan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 21, 2009.

Attorney(s) appearing for the Case

Stephen L. Brischetto, Portland, OR, for the plaintiffs-appellants.

John R. Kroger, Attorney General; Rolf C. Moan, Acting Solicitor General; Leigh A. Salmon (argued), Assistant Attorney General, Salem, OR, for defendants-appellees.

Before: ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN and RAYMOND C. FISHER, Circuit Judges.

FISHER, Circuit Judge:

Lois Sharer appeals from the district court's grant of summary judgment to defendants on her disability discrimination claim under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. The district court determined that Oregon's Office of Public Defense Services ("OPDS") was not a "program or activity receiving Federal financial assistance" within the meaning of section 504 during the period of alleged discrimination. Id.<...

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