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CATLETT v. MISSOURI HIGHWAY & TRANSP. COM'N

No. 78-4061-CV-C-5.

643 F.Supp. 321 (1986)

Jane CATLETT, individually and on behalf of all others similarly situated, Patricia Leembruggen, Grace Tuter, and Adeline Kallemyn, Plaintiffs, v. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Robert N. Hunter, Chief Engineer of Missouri Highway & Transportation Commission; V.B. Unsell, District Engineer for District 8 of Missouri Highway & Transportation Commission, Defendants.

United States District Court, W.D. Missouri, C.D.

August 26, 1986.

Attorney(s) appearing for the Case

Lisa S. Van Amburg, St. Louis, Mo., Karen Plax, Kansas City, Mo., for plaintiffs.

John H. Gladden, Mo. Highway & Transp. Com'n, Joplin, Mo., Paula Lambrecht, Asst. Counsel, Mo. State Highway & Transp. Com'n, Jefferson City, Mo., for defendants.

ORDER

SCOTT O. WRIGHT, Chief Judge.

Pending before the Court are two issues left to be resolved in this case. First is the issue of damages under the 42 U.S.C. § 1983 count against the Highway Commission. At the trial in September, 1983, the jury returned verdicts in favor of the class and against the Highway Commission. The question is whether the doctrine of sovereign immunity precludes such damages under § 1983. The plaintiffs have presented...

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