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DELLMUTH v. MUTH

No. 87-1855.

491 U.S. 223 (1989)

DELLMUTH, ACTING SECRETARY OF EDUCATION OF PENNSYLVANIA v. MUTH ET AL.

Supreme Court of United States.

Decided June 15, 1989

Attorney(s) appearing for the Case

Maria Parisi Vickers, Chief Deputy Attorney General of Pennsylvania, argued the cause for petitioner. With her on the briefs were LeRoy S. Zimmerman, former Attorney General, Ernest D. Preate, Jr., Attorney General, John G. Knorr III, Chief Deputy Attorney General, and Gregory R. Neuhauser, Senior Deputy Attorney General.

Martha A. Field argued the cause for respondents and filed a brief for respondent Muth. Joanne D. Sommer filed a brief for respondent Central Bucks School District.*

Minna J. Kotkin, Kathleen A. Sullivan, Herbert Semmel, and Elizabeth Lottman Schneider filed a brief for the American Civil Liberties Union et al. as amici curiae urging affirmance.

JUSTICE KENNEDY delivered the opinion of the Court.

The question before us is whether the Education of the Handicapped Act abrogates the States' Eleventh Amendment immunity from suit in the federal courts.

I

The Education of the Handicapped Act (EHA), 84 Stat. 175, as amended, 20 U. S. C. § 1400 et seq. (1982 ed. and Supp. V.), enacts a comprehensive scheme to assure that handicapped children...

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