Unpublished Disposition, 889 F.2d 1095 (9th Cir. 1988)

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U.S. Court of Appeals for the Ninth Circuit - 889 F.2d 1095 (9th Cir. 1988)

James T. KOUNO, Plaintiff-Appellant,v.OREGON STATE BOARD OF HIGHER EDUCATION; Kenneth L. Beals;Courtland L. Smith; Lyle D. Calvin; John V.Byrne; Tom E. Grigsby; Lloyd E. Crisp,Defendants-Appellees.

No. 88-4185.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 25, 1989.* Decided Nov. 15, 1989.

Before ALARCON, O'SCANNLAIN and LEAVY, Circuit Judges.


MEMORANDUM** 

James T. Kouno ("Kouno"), a Japanese citizen, appeals the district court order granting a motion by the Oregon State Board of Higher Education ("Board") to dismiss his state law action for lack of subject matter jurisdiction. Kouno's action arose from his termination by defendants from a graduate program at Oregon State University. The district court held that the defendants were immune from suit under the eleventh amendment, citing Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89 (1984). After a review of the entire record, we affirm the judgment for the reasons stated in the district court's opinion and order filed June 8, 1988.

AFFIRMED.

 *

The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed. R. App. P. 34(a), Ninth Circuit Rule 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3

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