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YING SHEN v. OKLAHOMA STATE DEPT. OF HEALTH

No. CIV 85-294-R.

647 F.Supp. 189 (1985)

YING SHEN, Plaintiff, v. OKLAHOMA STATE DEPARTMENT OF HEALTH, Defendant.

United States District Court, W.D. Oklahoma.

June 3, 1985.

Attorney(s) appearing for the Case

Arthur R. Angel, Oklahoma City, Okl., for plaintiff.

Robert D. Kellogg, David W. Lee, and Cynthia Caldwell Weglicki, Asst. Attys. Gen., Oklahoma City, Okl., for defendant.

ORDER

DAVID L. RUSSELL, District Judge.

The Defendant has filed a Motion to Dismiss contending: (1) the Plaintiff's claim pursuant to 42 U.S.C. §§ 1981 and 1983 are barred by the Eleventh Amendment, and (2) this Court is without jurisdiction to entertain the Plaintiff's claim pursuant to 42 U.S.C. § 2000e because the Right to Sue notice was improperly issued.

The Defendant, as an arm of the State of Oklahoma, is entitled to Eleventh...

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