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EMPLOYEES v. MISSOURI PUBLIC HEALTH DEPT.

No. 71-1021.

411 U.S. 279 (1973)

93 S.Ct. 1614

36 L.Ed.2d 251

EMPLOYEES OF THE DEPARTMENT OF PUBLIC HEALTH AND WELFARE OF MISSOURI ET AL. v. DEPARTMENT OF PUBLIC HEALTH AND WELFARE OF MISSOURI ET AL.

Supreme Court of United States.

Decided April 18, 1973.

Attorney(s) appearing for the Case

A. L. Zwerdling argued the cause for petitioners. With him on the brief were Charles R. Oldham and George Kaufmann.

Charles A. Blackmar, Assistant Attorney General of Missouri, argued the cause for respondents. With him on the brief was John C. Danforth, Attorney General.

Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Griswold and Richard F. Schubert.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The Eleventh Amendment, adopted in 1795, and formally ratified in 1798, provides:

"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."

The Eleventh Amendment is the basis of a motion by Missouri to dismiss...

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