BROWN v. COMMONWEALTH OF KENTUCKY

No. 74-1347.

513 F.2d 333 (1975)

Arthur W. BROWN, Receiver of Prudential Building and Loan Association, Plaintiff-Appellant, v. COMMONWEALTH OF KENTUCKY et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

April 2, 1975.


Attorney(s) appearing for the Case

Arthur W. Grafton, Stuart E. Lampe, James N. Williams, Jr. (argued), Parker W. Duncan, Jr., Louisville, Ky., for plaintiff-appellant.

William J. Brown, William Compton, Columbus, Ohio, for state of Ohio, amicus curiae.

Ed W. Hancock, Atty. Gen. of Ky., G. Edward James, James M. Ringo (argued), Robert E. Hatton, Frankfort, Ky., W. Scott Miller, Jr., Merritt S. Deitz, Jr., Louisville, Ky., William E. Scent, Hopkinsville, Ky., Leon J. Shaikun, Frank A. Logan, Frank E. Haddad, Jr., Louisville, Ky., for defendants-appellees.

Smith & Schnacke, Dayton, Ohio, for amicus curiae.

Before MILLER, LIVELY and ENGEL, Circuit Judges.


PER CURIAM.

This appeal presents the sole issue of whether the Eleventh Amendment1 to the Constitution protects the Commonwealth of Kentucky from suit by one of its citizens2 for damages resulting from alleged violations by its officials of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j, Rule 10b-5, 17 C.F.R. 240.10b-5 and Section 17(a) of the Securities Act of 1933, 15 U.S.C. &...

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