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* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MATT O’DEA,
Plaintiff - Appellee,
v.
BNSF RAILWAY COMPANY,
Defendant - Appellant,
and
MONTANA DEPARTMENT OF LABOR
AND INDUSTRY; MONTANA HUMAN
RIGHTS COMMISSION,
Defendants.
No. 08-35525
D.C. No. 6:07-CV-00069-CCL
ORDER*
Appeal from the United States District Court
for the District of Montana
Charles C. Lovell, District Judge, Presiding
Argued and Submitted January 13, 2010
Seattle, Washington
FILED
JAN 20 2010
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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** Honorable Benjamin Hale Settle, United States District Judge for the
Western District of Washington, sitting by designation.
2
Before: KLEINFELD and TALLMAN, Circuit Judges, and SETTLE,** District
Judge.
We lack jurisdiction over an appeal from a remand order entered due to a
lack of subject matter jurisdiction. See 28 U.S.C. § 1447; Carlsbad Tech. Inc. v.
HIF Bio, Inc., --- U.S. --- , 129 S. Ct. 1862, 1865–66 (2009). Costs on appeal are
awarded to Appellee. See Fed. R. App. P. 39.
DISMISSED.
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