David Dagnall v. Succession of Barney Gegenheimer, Department of Highways, State of Louisiana

The court substitutes the following paragraphs for those appearing at head-notes [1] through [4] of its opinion dated December 3, 1980, 631 F.2d 1195:

The eleventh amendment expressly bars the suit of Dagnall, a resident of Wisconsin, against the State of Louisiana. Dagnall does not dispute the Department’s claim that it is a state agency entitled to invoke eleventh amendment limitation on the judicial power of the United States. It is clear that the eleventh amendment rights of a state are sufficiently jurisdictional to be asserted for the first time on appeal. Edelman v. Jordan, 415 U.S.…