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MILLS v. STATE OF MAINE

No. 96-1973.

118 F.3d 37 (1997)

Jon MILLS, et al., Plaintiffs, Appellants, v. STATE of MAINE, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 7, 1997.

Attorney(s) appearing for the Case

John R. Lemieux, Readfield, ME, for appellants.

Peter J. Brann, Assistant Attorney General, with whom Andrew Ketterer, Attorney General, and Thomas D. Warren, Assistant Attorney General, Augusta, ME, were on brief for appellee.

Before STAHL, Circuit Judge, BOWNES, Senior Circuit Judge, and LYNCH, Circuit Judge.

STAHL, Circuit Judge.

This case requires us to determine whether the Eleventh Amendment, as recently interpreted by the Supreme Court in Seminole Tribe v. Florida, ___ U.S. ___, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996), bars a federal suit for overtime pay under the Fair Labor Standards Act ("FLSA") brought by state employees against the State of Maine. The district court concluded that Seminole Tribe was a bar and dismissed the suit. For the reasons that...

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