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LIZZI v. ALEXANDER

Nos. 00-2103, 00-2104, 00-2126.

255 F.3d 128 (2001)

Christopher T. LIZZI, Plaintiff-Appellee, v. Robert ALEXANDER; Charles Thomas; Phillip Wallace; Anthony Johnson; Al McCoy; Dennise Kurtz, Defendants-Appellants, and Washington Metropolitan Area Transit Authority; Jack Byrd; Michael Kurtz, Defendants. United States of America, Movant. Christopher T. Lizzi, Plaintiff-Appellant, v. Robert Alexander; Charles Thomas; Phillip Wallace; Anthony Johnson; Al McCoy; Dennise Kurtz; Washington Metropolitan Area Transit Authority; Jack Byrd, Defendants-Appellees, and Michael Kurtz, Defendant. United States of America, Movant. Christopher T. Lizzi, Plaintiff-Appellee, v. Robert Alexander; Charles Thomas; Phillip Wallace; Anthony Johnson; Al McCoy; Dennise Kurtz, Defendants-Appellants, and Washington Metropolitan Area Transit Authority; Jack Byrd; Michael Kurtz, Defendants. United States of America, Movant.

United States Court of Appeals, Fourth Circuit.

Decided: June 20, 2001.

Attorney(s) appearing for the Case

ARGUED: Gerard J. Stief, Associate General, Counsel, Washington Metropolitan Area Transit Authority, Washington, DC, for Appellants.

Paul Francis Evelius, Wright, Constable & Skeen, L.L.P., Baltimore, Maryland, for Appellee.

ON BRIEF: Cheryl C. Burke, General, Counsel, Robert J. Kniaz, Deputy General, Counsel, Sonia A. Bacchus, Assistant General Counsel, Washington Metropolitan Area Transit Authority, Washington, D.C., for Appellants.

Before WILKINSON, Chief Judge, and LUTTIG and GREGORY, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge LUTTIG and Judge GREGORY joined.

OPINION

WILKINSON, Chief Judge:

In this case, we must decide whether the Eleventh Amendment shields the Washington Metropolitan Area Transit Authority (WMATA), an agency created by interstate compact, from plaintiff Christopher Lizzi's assertions that the agency violated the Family and Medical...

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