Legal Opinion
DiPietro v. Garden State Racing Ass'n
District Court, E.D. Pennsylvania
Decided December 20, 1978No. Civ. A. 78-2675PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
BECHTLE, District Judge.
Presently before the Court is the motion of defendant New Jersey Racing Commission (“Racing Commission”) to dismiss Count V of the plaintiffs’ complaint for lack of jurisdiction, pursuant to Fed.R.Civ.P. 12(b), on the grounds that the Racing Commission is immune from suit in federal court by virtue of the Eleventh Amendment to the Constitution of the United States and that it has not waived that immunity. For the reasons stated below, the Racing Commission’s motion to dismiss will be granted.
This controversy arises out of a fire which occurred at…
2Cases cited14 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Edelman v. JordanSupreme Court of the United States · 1974
- Ford Motor Co. v. Department of TreasurySupreme Court of the United States · 1945
- Ex Parte State of New York, No. 1Supreme Court of the United States · 1921
- Great Northern Life Insurance Co. v. ReadSupreme Court of the United States · 1944
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3Cited by5 opinions
- Marrapese v. Rhode IslandDistrict Court, D. Rhode Island · 1980
- Savory v. Kawasaki Motor Corp., USADistrict Court, E.D. Pennsylvania · 1979
- Jimenez v. Lakelands Racing Ass'n, Inc.District Court, W.D. Pennsylvania · 1983
- Thomas v. DietzDistrict Court, D. New Jersey · 1981
- Christy v. Pennsylvania Turnpike CommissionDistrict Court, E.D. Pennsylvania · 1994