Aer-Aerotron, Incorporated, Holmes P. Harden, Trustee-Appellee v. The Texas Department of Transportation

Reversed and remanded by published opinion. Judge HALL wrote the majority opinion, in which Judge HAMILTON joined. Judge NIEMEYER wrote a separate opinion concurring in the judgment.

*678OPINION

K.K. HALL, Circuit Judge:

The Texas Department of Transportation (TDOT) appeals the district court’s order that affirmed the bankruptcy court’s order denying TDOT’s motion to dismiss an adversary proceeding brought against it by debtor AER-Aerotron, Inc., to recover on various contract claims. The lower courts ruled that the debtor’s action was not barred by the Eleventh Amendment because TDOT had waived its…