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WALLACE v. STATE OF OKL.

No. 80-1913.

721 F.2d 301 (1983)

W. Creekmore WALLACE, II, Plaintiff-Appellant, v. STATE OF OKLAHOMA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 14, 1983.

Attorney(s) appearing for the Case

C. Rabon Martin of Martin & Silva, Tulsa, Okl., for plaintiff-appellant.

John Paul Johnson, Asst. Atty. Gen., Oklahoma City, Okl. (Jan Eric Cartwright, Atty. Gen. of Okl., Oklahoma City, Okl., was also on brief), for defendant-appellee.

Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Plaintiff, W. Creekmore Wallace, II, filed this suit alleging that defendant, the State of Oklahoma, has acted unconstitutionally in denying him attorneys' fees. The district court dismissed because it lacked subject matter jurisdiction and because the Eleventh Amendment barred the action, and plaintiff appeals. We affirm on the ground that the Eleventh Amendment bars the action.

I

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