Legal Opinion
Milburn v. Huecker
Court of Appeals for the Sixth Circuit
Decided August 5, 1974No. Nos. 73-1259 and 73-1430PublishedCited by 17 opinions
1Opinion of the Court
McCREE, Circuit Judge.
This appeal presents the question whether a United States district court has jurisdiction to order a state to pay past due welfare benefits that were withheld from applicants in violation of federal law. We hold that the Eleventh Amendment prohibits the entry of an order directing a state that has not consented to suit to pay such benefits.
In No. 73-1259 appellant Milburn applied for Aid to Permanently and Totally Disabled (APTD), on November 30, 1971. More than five months later, on April 5, 1972, her application was denied. Thereupon, Milburn requested a hearing and on…
2Cases cited16 opinions
- Edelman v. JordanSupreme Court of the United States · 1974
- Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
- Newman v. Piggie Park Enterprises, Inc.Supreme Court of the United States · 1968
- Hall v. ColeSupreme Court of the United States · 1973
- Johnnie Ray Lee v. Southern Home Sites CorporationCourt of Appeals for the Fifth Circuit · 1970
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Incarcerated Man of Allen County Jail v. Edward Fair, Sheriff of Allen CountyCourt of Appeals for the Sixth Circuit · 1974
- J. B. Taylor v. E. P. Perini, SuperintendentCourt of Appeals for the Sixth Circuit · 1974
- Gail S. Huecker, Cross-Appellees v. Elizabeth Milburn, and Marian Weisenberger, Cross-AppellantsCourt of Appeals for the Sixth Circuit · 1976
- Welsch v. LikinsDistrict Court, D. Minnesota · 1975
- Hobbs & Company, Inc. v. American Investors Management, Inc. And Harry M. WeenigCourt of Appeals for the Third Circuit · 1978
12 more not listed; retrieve them via the Exa API.