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WEIDENFELLER v. KUDULIS

Civ. A. No. 73-C-572.

392 F.Supp. 967 (1975)

Joseph WEIDENFELLER and Edwin Kryszewski, Plaintiffs, v. James KUDULIS et al., Defendants and Third-Party Plaintiffs, v. STATE OF WISCONSIN, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, previously known as State of Wisconsin, Department of Public Welfare, an administrative agency of the State of Wisconsin, Third-Party Defendant.

United States District Court, E. D. Wisconsin.

May 5, 1975.

Attorney(s) appearing for the Case

Robert LeBell, Legal Aid Society, Milwaukee, Wis., for plaintiffs.

Thomas J. Bergen, Milwaukee, Wis., for defendants Kudulis, Krebs, Yorkville Nursing Home and Yorkville Nursing Home, Inc.

William L. Gansner, Asst. Atty. Gen., Madison, Wis., for third-party defendant State of Wisconsin, Dept. of Health and Social Services.

DECISION AND ORDER

REYNOLDS, Chief Judge.

This matter is before the court on the third-party defendant's motion to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. The State of Wisconsin, Department of Health and Social Services, has moved to dismiss the third-party action on the grounds that it is an unconsented suit against a state in federal court which is barred by the Eleventh Amendment to the United States Constitution. For...

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