TOWNSEND v. EDELMAN

Nos. 73-1960, 73-1961.

518 F.2d 116 (1975)

Georgia TOWNSEND et al., Plaintiffs-Appellees (Cross-Appellants), v. Joel EDELMAN, acting successor to Edward T. Weaver, et al., Defendants-Appellants (Cross-Appellees).

United States Court of Appeals, Seventh Circuit.

Decided June 2, 1975.


Attorney(s) appearing for the Case

Joan Humphrey, James O. Latturner, Edward B. Beis, Michael F. Lefkow, Chicago, Ill., for Townsend.

William J. Scott, Atty. Gen., Donald Carnow, Chicago, Ill., for Edelman.

Before PELL and SPRECHER, Circuit Judges, and JAMESON, Senior District Judge.


SPRECHER, Circuit Judge.

This appeal and cross-appeal raise two issues. First, whether a monetary award in the form of benefits withheld from the plaintiff class by defendant state officials is barred by the Eleventh Amendment. Second, whether attorneys' fees can be assessed against the defendants for defending the Illinois statute and policy challenged by this action.

I

In 1969 plaintiff Georgia Townsend, individually and on behalf of her daughter...

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