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.https://leagle.com/images/logo.png
July 12, 1994.
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.
United States Court of Appeals, Tenth Circuit.
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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