Alaska Cargo Transport, Inc. v. Alaska Railroad Corporation Frank Turpin Marty Keale Richard Knapp Denny Robertson Laurie Gray Arnold Polanchek

FLETCHER, Circuit Judge:

Appellant Alaska Cargo Transport, Inc. (“Alaska Cargo”) appeals the district court’s dismissal of its complaint with prejudice as to federal claims and without prejudice as to state claims. The court held that appellee Alaska Railroad Corp. (“ARRC”) is immune from suit under the Eleventh Amendment. We have jurisdiction over the timely filed appeal pursuant to 28 U.S.C. § 1291 (1988). We affirm.

I. Facts

ARRC does not dispute the district court’s recitation of the facts and summary of the allegations in Alaska Cargo’s second amended complaint:

Alaska Cargo, a Washington…