ALDEN v. STATE


715 A.2d 172 (1998)

1998 ME 200

John H. ALDEN et al. v. STATE of Maine.

Supreme Judicial Court of Maine.

Decided August 4, 1998.


Attorney(s) appearing for the Case

Donald F. Fontaine (orally) Lynne A. Gardner, Fontaine & Beal, P.A., Portland, Timothy L. Belcher, Maine State Employees Ass'n, Augusta, Larry Engelstein, Kathy Krieger, Office of the General Counsel, A.F.L.-C.I.O., Washington, DC, for plaintiffs.

Andrew Ketterer, Attorney General, Peter J. Brann, Asst. Atty. Gen. (orally), Augusta, for defendants.

Robert M. Loeb (orally), Civil Division, Appellate Staff, U.S. Dept. of Justice; Ellen L. Beard, Office of the Solicitor, U.S. Department of Labor, Washington, DC, for amicus curiae.

Before WATHEN, C.J., and ROBERTS, CLIFFORD, RUDMAN, DANA, and SAUFLEY, JJ.


ROBERTS, Justice.

[¶ 1] John H. Alden1 appeals from the judgment of the Superior Court (Cumberland County, Calkins, J.) dismissing on the basis of sovereign immunity his complaint brought pursuant to the federal Fair Labor Standards Act. Alden contends that the doctrine of sovereign immunity may not be interposed to defend against this federally created cause of action. We affirm the judgment.

[¶ 2] In December...

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