VELASQUEZ v. FRAPWELL

Nos. 98-1547, 98-2034.

165 F.3d 593 (1999)

Albert J. VELASQUEZ, Plaintiff-Appellant, v. Dorothy J. FRAPWELL and the Trustees of Indiana University, Defendants-Appellees, and United States of America, Intervening Plaintiff-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 20, 1999.


Attorney(s) appearing for the Case

Michael A. Kiefer (submitted), Garrison & Kiefer, Indianapolis, IN, for Plaintiff-Appellant.

Susan B. Tabler, Pamela V. Keller, Ice, Miller, Donadio & Ryan, Indianapolis, IN, for Defendant-Appellee Frapwell.

Pamela V. Keller, Ice, Miller, Donadio & Ryan, Indianapolis, IN, for Defendant-Appellee Trustees of Indiana Univ. in No. 98-1547.

Susan B. Tabler, Pamela V. Keller, Ice, Miller, Donadio & Ryan, Indianapolis, IN, for Defendant-Appellee Trustees of Indiana Univ. in No. 98-2034.

Mark Stern, Carl E. Goldfarb, Department of Justice, Civil Div., Washington, DC, for Intervenor-Appelelant U.S. in No. 98-2034.

Before POSNER, Chief Judge, and CUMMINGS and EVANS, Circuit Judges.


PER CURIAM.

In our opinion in this case issued on November 12, 1998, and reported at 160 F.3d 389 (7th Cir.1998), we held that the plaintiff's claim under the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301 et seq., against the Trustees of Indiana University, an arm of the State of Indiana, was barred by the Eleventh Amendment. Later we learned that on the day before our decision...

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