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BURNS v. VOWELL

Civ.A. No. 76-H-724.

424 F.Supp. 1135 (1976)

M. W. BURNS and Juanita Burns, Individually and on behalf of all other persons similarly situated, Plaintiffs, v. Raymond W. VOWELL, Commissioner of the State Department of Public Welfare, Individually and in his official capacity, Defendant.

United States District Court, S. D. Texas, Houston Division.

August 30, 1976.

Attorney(s) appearing for the Case

Jeffrey J. Skarda and Michael J. Steiner, Houston Legal Foundation, Houston, Tex., for plaintiffs.

Colin J. Carl, Asst. Atty. Gen., Austin, Tex., for defendant.

MEMORANDUM AND ORDER

SEALS, District Judge.

As stated in the Memorandum Opinion signed and entered this day the Court is of the opinion that there exists in this case a question under the Eleventh Amendment and Edelman v. Jordan, 415 U.S. 651, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974), of the propriety of requiring Defendant to make retroactive payments of amounts sought by Plaintiffs. The Court is of the opinion that this...

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