Colbert v. Pacific States Marine Fisheries Commission

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Sweeney, A.C.J.

— Federal courts have exclusive jurisdiction over disputes involving federal agencies. But mere consent by Congress to the creation of a multistate commission (consent required by the compact clause of the United States Constitution, article I, section 10) does not mean that the resulting commission is a federal agency. The trial court held in this personal injury suit that, absent an express disclaimer, any commission created by the consent of Congress was a federal agency. We disagree and therefore reverse the court’s summary dismissal of Susan Colbert’s *823damage suit against…