Deborah Colbeth, on Behalf of Herself and all Others Similarly Situated, Plaintiffs-Appellants, v. James O'Rourke, in His Official Capacity as Commissioner of the Vermont Department of Social Welfare, Defendant-Appellee., 707 F.2d 57 (2nd Cir. 1983)

Federal Circuits, 2nd Cir. (May 09, 1983)

Docket number: 83-7053

Permanent Link: http://vlex.com/vid/deborah-colbeth-herself-rourke-vermont-37011515
Id. vLex: VLEX-37011515

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Cited by:

U.S. Supreme Court - Green v. Mansour, 474 U.S. 64 (1985)

U.S. Court of Appeals for the 6th Cir. - Patricia Cotton, Plaintiff-Appellee, v. Agnes M. Mansour, Defendant-Appellant., 863 F.2d 1241 (6th Cir. 1989)

U.S. Court of Appeals for the 10th Cir. - Robert Klaips, Marcile Patton, and Bert Giles, on Behalf of Themselves and all Others Similarly Situated, Plaintiffs-Appellants, v. Robert Bergland, in His Capacity as Secretary of the United States Department of Agriculture; Anthony Mitchell, Individually and in His Capacity as Executive Director of the Utah Department of Social Services; and Norman Angus, Individually and in His Capacity as Deputy Director of the Utah Department of Social Services, Defendants-Appellees., 715 F.2d 477 (10th Cir. 1983)

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Text:

John H. Hasen, Rutland, Vt. (John D. Shullenberger, Vermont Legal Aid, Inc., Burlington, Vt., of counsel), for plaintiffs-appellants.

Geoffrey A. Yudien, Asst. Atty. Gen., Waterbury, Vt. (John J. Easton, Jr., Atty. Gen., Michael O. McShane, Asst. Atty. Gen., Montpelier, Vt., of counsel), for defendant-appellee.

Before KAUFMAN and VAN GRAAFEILAND, Circuit Judges, and MISHLER, District Judge.*

PER CURIAM:

Class representative Deborah Colbeth appeals from a judgment entered on Judge Coffrin's order granting summary judgment in a case seeking retroactive payment of food stamp benefits. 554 F.Supp. 539 (D.Vt.1982). The district court concluded Colbeth's claim was barred by the eleventh amendment, which prohibits an action in federal court seeking retrospective relief against a State. We find appellants' claims of error to be without merit, and affirm the judgment for the reasons stated in Judge Coffrin's opinion.

* Of the United States District Court for the Eastern District of New York, sitting by designation