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TAYLOR v. COM. OF VIRGINIA

Civil Action No. 3:95cv1026.

951 F.Supp. 591 (1996)

Lynee C. TAYLOR, et al., Plaintiffs, v. COMMONWEALTH OF VIRGINIA, Department of Transportation, Defendants.

United States District Court, E.D. Virginia, Richmond Division.

December 18, 1996.

Attorney(s) appearing for the Case

James B. Thorsen, Julie M. Whitlock, Hooker, Bode, Collier & Dickinson, Richmond, VA, for Plaintiffs.

Judith B. Anderson, George W. Chabalewski, Mark R. Davis, Catherine S. Gabauer, Office of the Attorney General, Richmond, VA, for Defendant.

PAYNE, District Judge.

MEMORANDUM OPINION

At issue here is whether the Commonwealth of Virginia's constitutionally secured sovereign immunity bars plaintiffs from bringing their Fair Labor Standards Act claim in federal court. Deciding that issue in the affirmative, the court finds that Congress did not have authority, under the Commerce Clause, to abrogate the sovereign immunity conferred under the Eleventh Amendment and that the Commonwealth of Virginia...

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