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PEEL v. FLORIDA DEPT. OF TRANSP.

No. 77-1846.

600 F.2d 1070 (1979)

Frederick D. PEEL, Plaintiff-Appellee, v. FLORIDA DEPARTMENT OF TRANSPORTATION, Tom B. Webb, Jr., as Secretary, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 13, 1979.

Attorney(s) appearing for the Case

George L. Waas, Gen. Counsel, State of Florida, H. Reynolds Sampson, John J. Rimes, III, Dept. of Transp., Tallahassee, Fla., for defendants-appellants.

Donald S. Modesitt, Asst. U. S. Atty., N. D. Fla., Tallahassee, Fla., William H. Berger, U. S. Dept. of Labor, Atlanta, Ga., Leonard Schaitman, Atty., Appellate Section Civil, Div. Dept. of Justice, Washington, D. C., Bobbye D. Spears, Regional Sol., Dept. of Labor, Atlanta, Ga., for plaintiff-appellee.

Before TJOFLAT and HILL, Circuit Judges, and HIGGINBOTHAM, District Judge.

TJOFLAT, Circuit Judge:

This case requires us to decide whether the tenth amendment1 or the eleventh amendment2 prevents a federal court from ordering a state agency to reinstate a former employee under the Veterans' Reemployment Rights Act (the Act), 38 U.S.C. §§ 2021-2026 (1976),3 passed pursuant to the war power of Congress.4 The district...

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