OREGON v. LEGAL SERVICES CORP.

No. 06-36012.

552 F.3d 965 (2009)

State of OREGON, Plaintiff-Appellant, v. LEGAL SERVICES CORPORATION, Defendant-Appellee, United States of America, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 8, 2009.


Attorney(s) appearing for the Case

Hardy Myers, Mary H. Williams, Stephen K. Bushong, and Jacqueline Sadker, Oregon Department of Justice, Salem, OR, for the plaintiff-appellant.

William S. Freeman, Cooley Godward Kronish LLP, Palo Alto, CA; Alan Levine, Rachel B. Kane, and Allison Hersh, Cooley Godward Kronish LLP, New York, NY, for the defendant-appellee.

Peter D. Keisler, Karin J. Immergut, Barbara L. Herwig, and Matthew M. Collette, United States Department of Justice, Civil Division, Washington, D.C., for the intervenor-appellee.

Before: A. WALLACE TASHIMA and MILAN D. SMITH, JR., Circuit Judges, and GEORGE WU, District Judge.


MILAN D. SMITH, JR., Circuit Judge:

Plaintiff-Appellant the State of Oregon (Oregon) appeals the district court's dismissal of its claims under Federal Rule of Civil Procedure 12(b)(6). Oregon brought suit against the Legal Services Corporation (LSC) for an alleged violation of its rights under the Tenth Amendment to the United States Constitution. LSC has required the recipients of its funding to maintain legal, physical...

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