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Colbeth v. O'Rourke

May 9, 1983

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.



Appeal by the plaintiffs from a judgment entered on an order of the United States District Court for the District of Vermont, Albert W. Coffrin, Judge, granting defendant's motion for summary judgment and concluding plaintiffs' claims were barred by the eleventh amendment. Affirmed.

Before:

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

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 ...


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