Legal Opinion
HBE Leasing Corp. v. Northeastern Pennsylvania Health Corp.
District Court, M.D. Pennsylvania
Decided February 11, 1988No. Civ. No. 87-0950PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
CONABOY, District Judge.
Presently before this Court is a motion to dismiss filed by the Commonwealth of Pennsylvania in the above-captioned matter. A brief in opposition was filed by the Defendant/Third Party Plaintiff, Northeastern Pennsylvania Health Corporation, and a reply brief was also received from the Commonwealth. For the reasons stated below, we shall grant the Commonwealth’s motion to dismiss based on its *494Eleventh Amendment right to sovereign immunity.
FACTS
On or about November, 1982, the Commonwealth of Pennsylvania entered into a written agreement with HBE…
2Cases cited11 opinions
- Edelman v. JordanSupreme Court of the United States · 1974
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
- Employees of Department of Public Health v. Department of Public HealthSupreme Court of the United States · 1973
- Murray v. Wilson Distilling Co.Supreme Court of the United States · 1909
- United States v. Union Gas Company v. Commonwealth of Pennsylvania and the Borough of Stroudsburg. Appeal of Union Gas CompanyCourt of Appeals for the Third Circuit · 1987
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3Cited by2 opinions
- William Ross, Inc. v. Biehn Construction, Inc. (In Re William Ross, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1996
- Arid Waterproofing, Inc. v. Pennsylvania, Department of General Services (In Re Arid Waterproofing, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1994