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FITZPATRICK v. BITZER

No. 740, Docket 74-2581.

519 F.2d 559 (1975)

Garland M. FITZPATRICK, et al., Plaintiffs, Donald Matthews and Mortimer Covert, Plaintiffs-Appellants, v. Frederick BITZER, Chairman of the State Employees' Retirement Commission, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 2, 1975.

Certiorari Granted December 15, 1975.

Attorney(s) appearing for the Case

Paul W. Orth, Hartford, Conn. (Austin Carey, Jr., Hoppin, Carey & Powell, Hartford, Conn., of counsel), for appellants.

Sidney D. Giber, Asst. Atty. Gen., Hartford, Conn. (Carl R. Ajello, Atty. Gen. of Conn., F. Michael Ahern, Asst. Atty. Gen., Hartford, Conn., of counsel), for appellees.

William A. Carey, Gen. Counsel, Washington, D. C. (Joseph T. Eddins, Associate Gen. Counsel, Beatrice Rosenberg, Charles L. Reischel, Susan J. Johnson, Attys. E. E. O. C., Washington, D. C., of counsel), for United States Equal Employment Opportunity Commission as amicus curiae.

Before MOORE, MANSFIELD and GURFEIN, Circuit Judges.

Certiorari Granted December 15, 1975. See 96 S.Ct. 561.

MANSFIELD, Circuit Judge:

The principal question on this appeal is whether, in a suit against a state by its employees attacking its retirement plan as discriminating on the basis of sex in violation of Title VII of the Civil Rights Act of 1964, the Eleventh Amendment bars a federal court from granting, in addition to injunctive relief, monetary damages and attorneys' fees. We hold that the state is shielded...

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