Court of Appeals for the Sixth Circuit August 17, 1998, No. 97-5134 (Coger v. Board of Regents of Tennessee)

OPINION

COLE, Circuit Judge.

This appeal presents a single issue: are states immune from suits brought under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., on the basis of Eleventh Amendment immunity? This issue requires us to consider, in light of the Supreme Court’s decisions in Seminole Tribe v. Florida, 517 U.S. 44, 116 S.Ct. 1114, 134 L.Ed.