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FITZPATRICK v. BITZER

No. 75-251.

427 U.S. 445 (1976)

96 S.Ct. 2666

49 L.Ed.2d 614

FITZPATRICK ET AL. v. BITZER, CHAIRMAN, STATE EMPLOYEES' RETIREMENT COMMISSION ET AL.

Supreme Court of United States.

Decided June 28, 1976.

Attorney(s) appearing for the Case

Paul W. Orth argued the cause for petitioners in No. 75-251 and for respondents in No. 75-283. With him on the brief in No. 75-251 were Austin Carey, Jr., Edward Gallant, Jack Greenberg, and Eric Schnapper. With him on the brief in No. 75-283 were Messrs. Carey and Gallant.

Sidney D. Giber, Assistant Attorney General of Connecticut, argued the cause for respondents in No. 75-251 and for petitioners in No. 75-283. With him on the briefs were Carl R. Ajello, Attorney General, and Bernard F. McGovern, Jr., Assistant Attorney General.

Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae in both cases. With him on the brief were Solicitor General Bork, Assistant Attorney General Pottinger, and Walter W. Barnett.†

MR. JUSTICE REHNQUIST delivered the opinion of the Court.

In the 1972 Amendments to Title VII of the Civil Rights Act of 1964, Congress, acting under § 5 of the Fourteenth Amendment, authorized federal courts to award money damages in favor of a private individual against a state government found to have subjected that person to employment discrimination on the basis of "race...

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