Elaine L. CHAO, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee,
v.
VIRGINIA DEPARTMENT OF TRANSPORTATION, Defendant-Appellant.
Elaine L. Chao, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee,
v.
Virginia Department of Transportation, Defendant-Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued February 25, 2002.
Decided May 23, 2002.
Attorney(s) appearing for the Case
ARGUED: Sydney E. Rab, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellant. Ford Friel Newman, United States Department of Labor, Washington, D.C., for Plaintiff-Appellee. ON BRIEF: Randolph A. Beales, Attorney General of Virginia, Francis S. Ferguson, Chief Deputy Attorney General, Judith W. Jagdmann, Deputy Attorney General, Guy W. Horsley, Jr., Senior Assistant Attorney General/Chief, Anthony P. Meredith, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Defendant-Appellant. Eugene Scalia, Solicitor of Labor, Steven J. Mandel, Associate Solicitor, Paul L. Frieden, for Appellate Litigation, United States Department of Labor, Washington, D.C., for Plaintiff-Appellee.
Before LUTTIG and GREGORY, Circuit Judges, and HENRY M. HERLONG, JR., United States District Judge for the District of South Carolina, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Affirmed in part, reversed in part, and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge LUTTIG and Judge HERLONG joined.
OPINION
GREGORY, Circuit Judge.
Two questions are presented for review in this appeal. First, we must determine whether Virginia's sovereign immunity bars an action brought by the Secretary of Labor under §§ 16(c) and 17 of the Fair Labor Standards...
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