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  5. 96 F.Supp.2d 565 (2000)
 

COOLEY v. MISSISSIPPI DEPT. OF TRANSP.

No. CIV.A. 3:99CV799BN.

96 F.Supp.2d 565 (2000)

Donald I. COOLEY, Plaintiff, v. MISSISSIPPI DEPARTMENT OF TRANSPORTATION, Defendant.

United States District Court, S.D. Mississippi, Jackson Division.

May 17, 2000.

Attorney(s) appearing for the Case

John M. Mooney, Jr., Law Offices of John M. Mooney, Jr., PLLC, Jackson, MS, for Donald I. Cooley, plaintiffs.

Tim Hancock, Office of the Attorney General, Mississppi Transportation Commission, Jackson, MS, for Mississippi Department of Transportation, defendants.

OPINION AND ORDER

BARBOUR, District Judge.

This cause is before the Court on the Motion of Defendant to Dismiss. In a March 2, 2000, Opinion and Order, the Court questioned whether it had jurisdiction to hear any of Plaintiff's claims under the Eleventh Amendment to the United States Constitution, especially in light of the recent United States Supreme Court decision of Kimel v. Florida Board of Regents, ___ U.S. ___, 120 S.Ct. 631, 145 L.Ed...

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