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NATIONAL FOODS, INC. v. RUBIN

No. 1434, Docket 91-7084.

936 F.2d 656 (1991)

NATIONAL FOODS, INC., Plaintiff, v. Schulem RUBIN, individually and as Director of the Kosher Law Enforcement Division of the Department of Agriculture and Markets of the State of New York, Defendant. ROSENMAN & COLIN, ESQUIRE, Appellant, v. STATE OF NEW YORK, Appellee.

United States Court of Appeals, Second Circuit.

Decided June 12, 1991.

Attorney(s) appearing for the Case

Gerald Walpin, Diane Da Cunha, Rosenman & Colin, New York City, for appellant.

Barrie L. Goldstein, Asst. Atty. Gen., and Litigation Counsel (Robert Abrams, Atty. Gen. of the State of N.Y., Lawrence S. Kahn, Deputy Sol. Gen., on the brief), New York City, for appellee.

Before OAKES, Chief Judge, WINTER, Circuit Judge, and MUKASEY, District Judge.

MUKASEY, District Judge:

This appeal raises the issue of whether the Eleventh Amendment prohibits a law firm that represented a state employee in federal court pursuant to New York Public Officers Law § 17 (McKinney 1988 & Supp. 1991) from moving in that federal court for additional fees to be paid by the State. We conclude for the reasons spelled out below that it does not, and accordingly vacate the District Court's order, 752 F.Supp....

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