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KAZMIER v. WIDMANN

No. 99-30242.

225 F.3d 519 (2000)

Janice KAZMIER, Plaintiff-Appellee, and United States of America, Intervenor Plaintiff-Appellee, v. Mary WIDMANN, individually and in her official capacity as Chief Attorney for the Louisiana Department of Social Services; Steven L. Mayer, individually and in his official capacity as General Counsel for the Louisiana Department of Social Services; Gloria Bryant-Banks, Individually and in her official capacity as Secretary of the Louisiana Department of Social Services, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 25, 2000.

Attorney(s) appearing for the Case

William Martin McGoey, Evans & Clesi, New Orleans, LA, for Plaintiff-Appellee.

Peter Jeremy Smith (argued), Mark Bernard Stern, Alisa Beth Klein, U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, for Intervenor Plaintiff-Appellee.

William Bartlett Ary (argued), Louisiana Dept. of Justice, Litigation Div., New Orleans, LA, for Defendants-Appellants.

Before GARWOOD, WIENER and DENNIS, Circuit Judges.

WIENER, Circuit Judge:

Defendants-Appellants, all officials of the Louisiana Department of Social Services (collectively "LDSS"), appeal from the district court's denial of their motions to dismiss on grounds of sovereign immunity (sometimes, "Eleventh Amendment immunity") a complaint brought against LDSS by Plaintiff-Appellant Janice Kazmier under the Family and Medical Leave Act ("FMLA").1 As we conclude that the particular provisions...

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