Cooley v. MS Dept Trans

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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m 00-60424
Summary Calendar
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DONALD I. COOLEY,
Plaintiff-Appellant,
VERSUS
MISSISSIPPI DEPARTMENT OF TRANSPORTATION,
Defendant-Appellee.
_________________________
Appeal from the United States District Court
for the Southern District of Mississippi
(3:99-CV-799)
_________________________
April 26, 2001
Before SMITH, BENAVIDES, and
DENNIS, Circuit Judges.
PER CURIAM:*
The parties agree that the sole issue is
whether the Americans with Disabilities Act
contains a valid congressional abrogation of
Eleventh Amendment immunity. The district
court held that there is no abrogation. The
Supreme Court has now so held. Board of
Trustees of Univ. of Ala., 121 S. Ct. 955
(2001).
AFFIRMED. * Pursuant to 5TH CIR. R. 47.5, the court has
determined that this opinion should not be
published and is not precedent except under the
limited circumstances set forth in 5TH CIR.
R. 47.5.4.

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