Legal Opinion · Dissent

Faust v. South Carolina State Highway Department

Court of Appeals for the Fourth Circuit

Decided November 1, 1983No. Nos. 82-1288, 82-1289Published

1DissentWyzanski, Senior District Judge

With the deepest respect for the opinion of my brethren who speak with the special authority of many years’ experience as judges in this Circuit applying both federal law and the law, inter alia, oí the State of South Carolina, I find myself unable to agree either with the way Chief Judge Winter has summarized the record in this case factually or, what is far more important, with his and Judge Widener’s view of the bearing of the Eleventh Amendment of the *942United States Constitution and the federal admiralty law upon the facts of this case.

Because it seems to me likely that the Supreme Court…

2Cases cited62 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Ex Parte YoungSupreme Court of the United States · 1908
  4. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  5. Edelman v. JordanSupreme Court of the United States · 1974

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