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ABRIL v. COM. OF VIRGINIA

No. 97-1072.

145 F.3d 182 (1998)

Rosemarie C. ABRIL, Plaintiff-Appellant, American Federation of State, County and Municipal Employees, AFL-CIO; Virginia Alliance of State Employees, et al., Plaintiffs, v. COMMONWEALTH OF VIRGINIA, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 21, 1998.

Attorney(s) appearing for the Case

ARGUED: John Bertram Mann, Levit & Mann, Richmond, VA, for Appellant. George Walerian Chabalewski, Asst. Atty. Gen., Office of Atty. Gen., Richmond, VA, for Appellee. ON BRIEF: James S. Gilmore, III, Atty. Gen. of VA, Catherine C. Hammond, Deputy Atty. Gen., Neil A. McPhie, Sr. Asst. Atty. Gen., Office of the Atty. Gen., Richmond, VA, for Appellee.

Before MURNAGHAN, Circuit Judge, and BUTZNER and PHILLIPS, Senior Circuit Judges.

Affirmed by published opinion. Senior Judge Phillips wrote the majority opinion, in which Judge Murnaghan joined. Senior Judge Butzner wrote a dissenting opinion.

OPINION

PHILLIPS, Senior Circuit Judge:

The question is whether the Eleventh Amendment provides immunity to suit for the Commonwealth of Virginia ("the Commonwealth") in actions filed against it in federal court by state employees seeking to recover...

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