Barrett v. United States
Court of Appeals for the Second Circuit
1Opinion of the Court
MAHONEY, Circuit Judge:
The State of New York appeals from an order of the United States District Court for the Southern District of New York, Constance Baker Motley, Judge, 668 F.Supp. 339, denying its motion to vacate a prior order of that court permitting im-pleader or, in the alternative, to dismiss the third-party complaint of the United States against New York for contribution in a Federal Tort Claims Act suit brought by plaintiff Elizabeth Barrett against the United States. The district court denied New York’s motion on the ground, inter alia, that the eleventh amendment did not bar…
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