Legal Opinion

Miller v. State of Vermont

District Court, D. Vermont

Decided January 11, 1962No. Civ. A. 3318PublishedCited by 9 opinions

1Opinion of the Court

GIBSON, District Judge.

This is an action brought by a citizen of the State of Florida for recovery of damages suffered as a result of the claimed negligence of the Defendants. The Defendant, State of Vermont, has moved for the dismissal of the suit on the ground that it falls within the prohibition of the 11th Amendment of the Constitution of the United States. The Plaintiff argues that the State of Vermont should not be dismissed as a Defendant because:

1. The State of Vermont is not the real party in interest in this proceeding, and

2. The State of Vermont, by its statutory waiver of…

2Cases cited14 opinions

  1. Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
  2. In Re AyersSupreme Court of the United States · 1887
  3. Murray v. Wilson Distilling Co.Supreme Court of the United States · 1909
  4. Smith v. ReevesSupreme Court of the United States · 1900
  5. Kennecott Copper Corp. v. State Tax CommissionSupreme Court of the United States · 1946

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

3Cited by9 opinions

  1. Robert F. Urbano v. The Board of Managers of the New Jersey State PrisonCourt of Appeals for the Third Circuit · 1969
  2. Krisel v. DuranDistrict Court, S.D. New York · 1966
  3. Condosta v. Vermont Electric Cooperative, Inc.District Court, D. Vermont · 1975
  4. Turner v. BaxleyDistrict Court, D. Vermont · 1972
  5. Sutton v. CITY OF PHILADELPHIA, COMMONWEALTH OF PA.District Court, S.D. New York · 1968

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

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