Legal Opinion
Barket, Levy & Fine, Inc. v. St. Louis Thermal Energy Corp.
Court of Appeals for the Eighth Circuit
Decided November 7, 1991No. 90-2266EMPublishedCited by 79 opinions
1Opinion of the Court
FAGG, Circuit Judge.
Barket, Levy & Fine, Inc. (Barket) appeals the dismissal of its civil rights action against Bi-State Development Agency of the Missouri-Illinois Metropolitan District (Bi-State) and St. Louis Thermal Energy Corporation (Thermal). The district court found Bi-State is an arm of the states of Missouri and Illinois entitled to immunity under the Eleventh Amendment, and thus concluded Bi-State is not a “person” subject to liability under 42 U.S.C. § 1983. The district court extended this immunity to Thermal as Bi-State’s agent, and Barket does not contest this extension on…
2Cases cited12 opinions
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- Lake Country Estates, Inc. v. Tahoe Regional Planning AgencySupreme Court of the United States · 1979
- Port Authority Trans-Hudson Corp. v. FeeneySupreme Court of the United States · 1990
- Fitchik v. New Jersey Transit Rail Operations, Inc.Court of Appeals for the Third Circuit · 1989
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3Cited by79 opinions
- Hess v. Port Authority Trans-Hudson CorporationSupreme Court of the United States · 1994
- Harter v. VernonCourt of Appeals for the Fourth Circuit · 1996
- Hubble v. Bi-State Development AgencyIllinois Supreme Court · 2010
- Barket, Levy & Fine, Inc. v. St. Louis Thermal Energy Corporation Bi-State Development Agency of the Missouri-Illinois Metropolitan DistrictCourt of Appeals for the Eighth Circuit · 1994
- Simon v. State Compensation Insurance AuthoritySupreme Court of Colorado · 1997
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