Matthews

Matthews v. Oregon State Board of Higher Education ex rel. University of Oregon

Good Law
2001 Daily Journal DAR 4533·249 F.3d 1085·2001 Cal. Daily Op. Serv. 3665·2001 U.S. App. LEXIS 8584
United States Court of Appeals for the Ninth CircuitMay 9, 2001Nos. 98-36218, 99-35601California345 words

Opinion

Lead Opinion

Kevin Matthews appeals the District Court’s summary judgment in favor of the University of Oregon in his action for damages and equitable relief. Matthews claims that the University violated state and federal law in denying him indefinite tenure upon the completion of his sixth year as an annual appointee to the faculty. After the correctness of the summary judgment had been briefed and argued in this court, we certified, pursuant to Or. Rev.Stat. §§ 28.2000-28.255 and Or. R.App. P. 12.20, a question of state law to the Oregon Supreme Court. See Matthews v. Oregon State Bd. of Higher Educ., 220 F.3d 1165 (9th Cir.2000).

A companion appeal, Matthews v. Oregon, No. 99-35601, has been pending, with submission deferred, awaiting the outcome of this appeal. We now consolidate the two appeals and treat both as controlled by Oregon law as declared by the Supreme Court of that state.

On April 23, 2001, after briefing and argument before the Oregon Supreme Court, that Court filed its opinion on the certified question, and we now vacate the stay which held the appeal in No. 98-36218 in abeyance pending the decision of the state law questions by the highest court of the State of Oregon.…

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