Legal Opinion

Litton Industries, Inc. v. Rafael Hernandez Colon

Court of Appeals for the First Circuit

Decided November 20, 1978No. 78-1182PublishedCited by 101 opinions

1Opinion of the Court

BOWNES, Circuit Judge.

This 1983 civil rights action is based on the failure of defendants-appellees to honor the low bid of plaintiffs-appellants and purchase a quantity of text books from them. The case was dismissed by the district court for failure to state a claim upon which relief could be granted. Fed.R.Civ.P. 12(b)(6). The central issue is whether the suit is barred by the eleventh amendment to the Constitution of the United States. 1

We look first to the complaint, construing it liberally and assuming a factual basis for the allegations contained therein. The complaint alleges a “civil…

2Cases cited19 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. Edelman v. JordanSupreme Court of the United States · 1974
  4. Monroe v. PapeSupreme Court of the United States · 1961
  5. Carey v. PiphusSupreme Court of the United States · 1978

14 more not listed; retrieve them via the Exa API.

3Cited by101 opinions

  1. Massachusetts School of Law at Andover, Inc. v. American Bar Ass'nCourt of Appeals for the First Circuit · 1998
  2. Boyle v. Hasbro, Inc.Court of Appeals for the First Circuit · 1996
  3. Diaz-Fonseca v. Commonwealth of PRCourt of Appeals for the First Circuit · 2006
  4. Alex C. Glaros v. Richard PerseCourt of Appeals for the First Circuit · 1980
  5. John Hurney v. Norman CarverCourt of Appeals for the First Circuit · 1979

96 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API