Legal Opinion
Miller-Davis Company, a Michigan Corporation v. Illinois State Toll Highway Authority
Court of Appeals for the Seventh Circuit
Decided November 2, 1977No. 76-2213PublishedCited by 57 opinions
1Opinion of the Court
FAIRCHILD, Chief Judge.
On this appeal, we are asked to consider whether it was proper for the district court to abstain from considering an Eleventh Amendment challenge to federal jurisdiction because of an unclear state issue as to waiver of sovereign immunity. We find that such abstention was not proper in this case and therefore reverse the district court’s decision. We further find that the Eleventh Amendment does not bar this suit. Accordingly, we remand this case for further proceedings.
I. The Basis of the District Court’s Decision to Abstain
Plaintiff, Miller-Davis Company, brought this…
2Cases cited19 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Edelman v. JordanSupreme Court of the United States · 1974
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
- Fitzpatrick v. BitzerSupreme Court of the United States · 1976
- Ford Motor Co. v. Department of TreasurySupreme Court of the United States · 1945
14 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Robert Hall v. Medical College of Ohio at ToledoCourt of Appeals for the Sixth Circuit · 1984
- Culebras Enterprises Corp. v. Miguel A. Rivera RiosCourt of Appeals for the First Circuit · 1987
- City of South Lake Tahoe, Roger Capri, as Mayor of the City of South Lake Tahoe v. California Tahoe Regional Planning Agency, and Gordon HooperCourt of Appeals for the Ninth Circuit · 1980
- Dorothy Quinn, Jacqueline Marchese and Nina Assajew v. Aetna Life & Casualty Co.Court of Appeals for the Second Circuit · 1980
- Paul N. Howard Company v. Puerto Rico Aqueduct Sewer Authority v. Insurance Company of North America, Third-PartyCourt of Appeals for the First Circuit · 1984
52 more not listed; retrieve them via the Exa API.