Civ. A. No. 78-2517.

462 F.Supp. 825 (1978)

Margaret Ann BLAKE, a minor by James Blake, her guardian v. Caryl M. KLINE, Robert E. Casey, Fred M. Heddinger, William F. Jacobs, Jr., John D. Killian, Jacque D. Angle, Francis Moran, J. Henry Eisenhart, Benjamin L. Stackowski, Samuel Corrado, Richard C. Harris, and the Public School Employees' Retirement Board.

United States District Court, E. D. Pennsylvania.

December 19, 1978.

Attorney(s) appearing for the Case

Arthur H. Rainey, Fred T. Magaziner, Dechert, Price & Rhoads, Philadelphia, Pa., for plaintiff.

David H. Allshouse, Jr., Justice Dept., Harrisburg, Pa., Raymond Kleiman, Harrisburg, Pa., for defendants.


HANNUM, District Judge.

Plaintiff instituted this two-count action to recover certain death benefits allegedly due her from the Pennsylvania Public School Employees' Retirement Board (the PSERB). Defendants have moved to dismiss the Complaint pursuant to Rule 12(b), F.R.Civ.P., thereby squarely presenting the question of whether this Court is without subject matter jurisdiction by virtue of the Eleventh Amendment to the Constitution of the United...

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