HURD v. PITTSBURG STATE UNIVERSITY

No. 93-3082.

29 F.3d 564 (1994)

Chet A. HURD, Plaintiff-Appellee, v. PITTSBURG STATE UNIVERSITY, Defendant-Appellant, and William Mark Simmons, Defendant, U.S. Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 12, 1994.


Attorney(s) appearing for the Case

Carl A. Gallagher, Asst. Atty. Gen. (Robert T. Stephan, Atty. Gen., with him on the briefs), Topeka, KS, for defendant-appellant.

Mark A. Buchanan, The Popham Law Firm, P.C., Kansas City, MO, for plaintiff-appellee.

Paul D. Ramshaw, Attorney (Donald R. Livingston, Gen. Counsel, Gwendolyn Young Reams, Assoc. Gen. Counsel, and Vincent J. Blackwood, Asst. Gen. Counsel, with him on the brief), U.S. E.E.O. Com., Washington, DC, amicus curiae.

Before LOGAN and McKAY, Circuit Judges, and SAM, District Judge.


McKAY, Circuit Judge.

The issue in this case is whether lawsuits under the Age Discrimination Employment Act ("ADEA") brought by private litigants against the state in federal court are barred by Eleventh Amendment immunity. In a thorough and well-reasoned opinion published at 821 F.Supp. 1410 (D.Kan.1993), the district court held that Congress intended to abrogate states' Eleventh Amendment...

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