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TOWNSEND v. UNIVERSITY OF ALASKA

No. 07-35993.

543 F.3d 478 (2008)

Robert David TOWNSEND, Plaintiff-Appellant, v. UNIVERSITY OF ALASKA; University of Alaska at Fairbanks, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2008.

Attorney(s) appearing for the Case

Donald L. Hyatt, II, New Orleans, LA, for plaintiff-appellant.

William B. Schendel, Fairbanks, AK, for defendants-appellees.

Before: D.W. NELSON, A. WALLACE TASHIMA, and RAYMOND C. FISHER, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

Robert David Townsend sued his former employer, the University of Alaska, Fairbanks, in federal district court, alleging violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA" or the "Act"), 38 U.S.C. §§ 4301-4333. The district court dismissed his action, concluding that it lacked jurisdiction over a USERRA claim brought by an...

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