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WELCH v. TEXAS HIGHWAYS & PUBLIC TRANSP. DEPT.

No. 85-1716.

483 U.S. 468 (1987)

107 S.Ct. 2941

97 L.Ed.2d 389

WELCH v. TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, ET AL.

Supreme Court of United States.

Decided June 25, 1987

Attorney(s) appearing for the Case

Michael D. Cucullu argued the cause and filed a brief for petitioner.

F. Scott McCown, Special Assistant Attorney General of Texas, argued the cause for respondents. With him on the brief were Jim Mattox, Attorney General, Mary F. Keller, Executive Assistant Attorney General, and Dudley Fowler, Assistant Attorney General.*

Benna Ruth Solomon, Beate Bloch, and Clifton S. Elgarten filed a brief for the Council of State Governments et al. as amici curiae urging affirmance.

JUSTICE POWELL announced the judgment of the Court and delivered an opinion in which THE CHIEF JUSTICE, JUSTICE WHITE, and JUSTICE O'CONNOR join.

The question in this case is whether the Eleventh Amendment bars a state employee from suing the State in federal court under the Jones Act, ch. 250, 41 Stat. 1007, 46 U. S. C. § 688.

I

The Texas Department of Highways and Public Transportation operates a free automobile and passenger ferry between...

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