Legal Opinion
Dixon v. West Virginia University Board of Governors
Court of Appeals for the Fourth Circuit
Decided May 21, 1970No. 13847PublishedCited by 4 opinions
1Per curiam
Sovereign immunity from suit was successfully pleaded by the West Virginia University Board of Governors in an action by Maryland citizens against them for breach of contract. Diversity of citizenship was obvious and no other predicate of jurisdiction was declared. Dismissal of the case was placed jointly on the provision of the West Virginia Constitution, Article 6, Section 35,1 prohibiting suits against the State, and on her statutes giving the Board the status of a State agency sharing this immunity. City of Morgantown v. Ducker, W.Va., 168 S.E.2d 298 (1969).
As did the District Judge, we…
2Cases cited7 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Bell v. HoodSupreme Court of the United States · 1946
- Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
- City of Morgantown v. DuckerWest Virginia Supreme Court · 1969
- Harrison-Halsted Community Group, Inc. v. Housing and Home Finance AgencyCourt of Appeals for the Seventh Circuit · 1962
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3Cited by4 opinions
- Kondos v. West Virginia Board of RegentsDistrict Court, S.D. West Virginia · 1970
- Jon-Karl Baldwin v. Appalachian Power Company, a CorporationCourt of Appeals for the Fourth Circuit · 1977
- Direct Mail Services, Inc. v. State of Colo.District Court, D. Colorado · 1983
- William E. Dixon v. West Virginia University Board Of GovernorsCourt of Appeals for the Fourth Circuit · 1970