Legal Opinion
Becote v. South Carolina State Highway Department
District Court, D. South Carolina
Decided February 16, 1970No. Civ. A. No. 69-951PublishedCited by 4 opinions
1Opinion of the Court
ORDER
SIMONS, District Judge.
This matter is before the court pursuant to defendant’s motion to dismiss the action for lack of federal jurisdiction and because the relief sought is barred by the eleventh amendment to the United States Constitution.
Plaintiff’s complaint asserts a tort action for damages resulting from a collision of an automobile driven by him with one operated by a member of the South Carolina Highway Department allegedly in the performance of his official duties. The complaint alleges two grounds for federal jurisdiction, the first that the court has diversity jurisdiction…
2Cases cited6 opinions
- Minnesota v. Northern Securities Co.Supreme Court of the United States · 1904
- United States v. James F. Merrigan and James F. Merrigan, Jr., and Third-Party v. Thomas J. McKinney Third-PartyCourt of Appeals for the Third Circuit · 1968
- O'Neill v. EarlyCourt of Appeals for the Fourth Circuit · 1953
- United States v. Fort Benning Rifle and Pistol ClubCourt of Appeals for the Fifth Circuit · 1967
- Southern Railway Co. v. South Carolina State Highway DepartmentDistrict Court, E.D. South Carolina · 1965
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3Cited by4 opinions
- Tommy Duane Thomas, Jr. And Marilyn Kay Terrell, His Parent and Guardian, and United States of America v. Gerald Shelton and Barbara SheltonCourt of Appeals for the Seventh Circuit · 1984
- State of Maryland v. Philip Morris Inc.District Court, D. Maryland · 1996
- Cutts v. Braun Corp.District Court, N.D. Mississippi · 1997
- Tommy Duane Thomas, Jr. And Marilyn Kay Terrell, His Parent and Guardian, and United States of America v. Gerald Shelton and Barbara SheltonCourt of Appeals for the Seventh Circuit · 1984