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GOSHTASBY v. BOARD OF TRUSTEES OF UNIV. OF ILL.

No. 97-2297.

141 F.3d 761 (1998)

Ardeshir GOSHTASBY, Plaintiff-Appellee, and United States of America, Intervenor-Appellee, v. BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 13, 1998.

Attorney(s) appearing for the Case

Lisa Kane (argued), John Green, Kane & Associates, Chicago, IL, for Plaintiff-Appellee.

Jeffrey J. Ward, Keck, Mahin & Cate, Carla J. Rozycki (argued), Jenner & Block, Norma W. Zeitler, McDermott, Will & Emery, Chicago, IL, for Defendant-Appellant.

Jessica Dunsay Silver, Seth M. Galanter (argued), Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, Thomas P. Walsh, Office of the United States Attorney, Civil Division, Chicago, IL, for Intervenor.

Cathy Ventrell-Monsees, American Association of Retired Persons, Washington, DC, for Amicus Curiae.

Before KANNE, ROVNER, and EVANS, Circuit Judges.

KANNE, Circuit Judge.

In an uphill battle, the Board of Trustees of the University of Illinois ("the University") contends that Congress did not abrogate the states' Eleventh Amendment immunity when it amended the Age Discrimination in Employment Act in 1974. See Fair Labor Standards Act Amendments of 1974, Pub.L. No. 93-259, § 28, 88 Stat. 74. The district court denied the University's motion to dismiss. Relying on a wealth of our precedent and our application...

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