Legal Opinion
Durning v. CitiBank, N.A.
Court of Appeals for the Ninth Circuit
Decided December 9, 1991No. 90-35172PublishedCited by 131 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
The Wyoming Community Development Authority (the "Authority”) appeals from the district court’s denial of its motion to dismiss for lack of jurisdiction. The Authority contends that it is an arm of the sovereign state of Wyoming and is therefore absolutely immune from suit in federal court under the Eleventh Amendment to the Constitution. Although we acknowledge that the question is close, we disagree and affirm.
I
In 1975, the Wyoming State Legislature enacted the Wyoming Community Development Authority Act (the “Act”), 1975 Wyo. Sess. Laws ch. 188, § 1 (codified as…
2Cases cited37 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
- Edelman v. JordanSupreme Court of the United States · 1974
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3Cited by131 opinions
- Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
- Regents of University of California v. DoeSupreme Court of the United States · 1997
- Ernest J. Franceschi, Jr., Esq. v. Kenneth Schwartz, Commissioner of South Orange County Municipal CourtCourt of Appeals for the Ninth Circuit · 1995
- Brown v. KellyCourt of Appeals for the Second Circuit · 2010
- Hill v. Blind Industries & Services of MarylandCourt of Appeals for the Ninth Circuit · 1999
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