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BIRD v. OREGON COM'N FOR THE BLIND

No. 20-36066.

22 F.4th 809 (2022)

Jerry BIRD, Petitioner-Appellee, v. OREGON COMMISSION FOR THE BLIND, an agency of the State of Oregon, Respondent-Appellant, v. U.S. Department of Education, Rehabilitation Services Administration, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

January 7, 2022.

Attorney(s) appearing for the Case

Christopher A. Perdue (argued), Assistant Attorney General; Benjamin Gutman , Solicitor General; Ellen F. Rosenblum , Attorney General; Oregon Department of Justice, Salem, Oregon; for Respondent-Appellant.

Kristian Roggendorf (argued), The Zalkin Law Firm, P.C., San Diego, California; Roger K. Harris , Harris Berne Christensen LLP, Portland, Oregon; for Petitioner-Appellee.

No appearance for Respondent-Appellee.

Before: Susan P. Graber and Morgan Christen, Circuit Judges, and Raner C. Collins, District Judge.

OPINION

Respondent Oregon Commission for the Blind ("OCB") appeals the district court's affirmation of an arbitration panel's award of compensatory relief, attorney's fees, and costs in favor of Petitioner Jerry Bird. We have jurisdiction pursuant to 28 U.S.C. § 1291. Reviewing the denial of sovereign immunity...

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