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United States Sixth Circuit


Ernst v. Rising, 02-2287

Plaintiffs-state court judges' federal claim, alleging that they received unfavorable retirement benefits, is dismissed where a federal-law money-damages action against a government retirement system that is an arm of the State may not proceed in federal court in light of the Tenth And Eleventh Amendments.

Appellate Information

  • Decided 10/26/2005
  • Published 10/26/2005

Judges

  • Before:  BOGGS, Chief Judge;  MARTIN, SUHRHEINRICH, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, and COOK, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Kenneth A. Flaska, Dawda, Mann, Mulcahy & Sadler, Bloomfield Hills, Michigan, for Appellants.  Larry F. Brya, Office of the Attorney General, Lansing, Michigan, for Appellees.   ON BRIEF:  Chester E. Kasiborski, Jr., Bernardi, Ronayne & Glusac, Detroit, Michigan, for Appellants.  Larry F. Brya, Office of the Attorney General, Lansing, Michigan, for Appellees.
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