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MILBURN v. HUECKER

Nos. 73-1259 and 73-1430.

500 F.2d 1279 (1974)

Elizabeth MILBURN et al., Plaintiff-Appellant, v. Gail HUECKER, Commissioner, Kentucky Department of Economic Security and Daniel R. Tierney, etc., Defendants-Appellees. Mariann WEISENBERGER, etc., et al., Plaintiff-Appellant, v. Gail S. HUECKER, Commissioner, Kentucky Department of Economic Security and Daniel R. Tierney, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 5, 1974.

Attorney(s) appearing for the Case

Legal Aid Society of Louisville, Inc., Kurt Berggren, Graham B. Cooke, Dennis E. Bricking, Louisville, Ky., on brief, for plaintiffs-appellants.

Paul E. Tierney, Paul M. Cupp, Kentucky Dept. of Economic Security, Frankfort, Ky., on brief, for defendants-appellees.

Before EDWARDS, CELEBREZZE and McCREE, Circuit Judges.

McCREE, Circuit Judge.

This appeal presents the question whether a United States district court has jurisdiction to order a state to pay past due welfare benefits that were withheld from applicants in violation of federal law. We hold that the Eleventh Amendment prohibits the entry of an order directing a state that has not consented to suit to pay such benefits.

In No. 73-1259 appellant Milburn applied for Aid to Permanently and Totally Disabled (APTD), on...

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