Legal Opinion

Westinghouse Electric Corporation, a Corporation v. The West Virginia Department of Highways, a Corporation, (Two Cases)

Court of Appeals for the Fourth Circuit

Decided May 2, 1988No. 87-2107, 87-2108PublishedCited by 35 opinions

1Opinion of the Court

JAMES DICKSON PHILLIPS, Circuit Judge:

This third-party claim for indemnity or contribution against the West Virginia Department of Highways was filed by Westinghouse Electric Corp., a Pennsylvania corporation, as defendant in a diversity tort action arising out of an accident that occurred on a West Virginia state highway. Westinghouse alleged that the Department of Highways had negligently marked the portion of highway on which the accident occurred and that this negligence had caused or contributed to the accident. The district court held the claim barred by the eleventh amendment and…

2Cases cited8 opinions

  1. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  2. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
  3. Clark v. BarnardSupreme Court of the United States · 1883
  4. Great Northern Life Insurance Co. v. ReadSupreme Court of the United States · 1944
  5. Florida Department of Health & Rehabilitative Services v. Florida Nursing Home Ass'nSupreme Court of the United States · 1981

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3Cited by35 opinions

  1. In Re Creative Goldsmiths of Washington, D.C., Incorporated, Debtor. Roger Schlossberg, Trustee v. State of Maryland, Comptroller of the Treasury, United States Trustee, Party-In-Interest v. United States of America, IntervenorCourt of Appeals for the Fourth Circuit · 1997
  2. In Re Secretary Of The Department Of Crime Control And Public SafetyCourt of Appeals for the Fourth Circuit · 1993
  3. Barfield v. BlackwoodCourt of Appeals for the Fourth Circuit · 1993
  4. Ospina v. Department of Corrections, State of Del.District Court, D. Delaware · 1990
  5. Ohio Valley Environmental Coalition, Inc. v. Hobet Mining, LLCDistrict Court, S.D. West Virginia · 2010

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