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IN RE ASKEY

Bankruptcy No. 00-22163-BM. Adversary No. 00-2266-BM.

261 B.R. 160 (2001)

In re John W. ASKEY and Barbara Askey, Debtors. John W. Askey and Barbara Askey, Plaintiffs, v. Commonwealth of Pennsylvania, Department of Public Welfare, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

February 14, 2001.

Attorney(s) appearing for the Case

David A. Colecchia, Law Care, Greensburg, PA, for plaintiffs.

William Ryan, for defendant.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Commonwealth of Pennsylvania Department of Welfare (hereinafter "PADPW"), defendant in the above adversary action, has brought a motion to dismiss the above adversary action against it. PADPW maintains, among other things, that it is immune to debtors' lawsuit under the Eleventh Amendment to the United States Constitution.

Debtors John and Barbara Askey oppose the motion of PADPW and...

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