(Download) "Metcalf & Eddy Inc. v. Aqueduct" by United States Court of Appeals for the First Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Metcalf & Eddy Inc. v. Aqueduct
- Author : United States Court of Appeals for the First Circuit
- Release Date : January 03, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
SELYA, Circuit Judge. Notwithstanding that trial is still some distance away, this diversity case alights on our doorstep for the second time. The appellate roundelay began when Metcalf & Eddy, Inc. (M&E) sued the Puerto Rico Aqueduct and Sewer Authority (PRASA) for damages in Puerto Ricos federal district court. In the course of pretrial proceedings, the court denied PRASA the benefit of Eleventh Amendment immunity. The disappointed defendant essayed an interlocutory appeal. Following circuit precedent, see Libby v. Marshall, 833 F.2d 402 (1st Cir. 1987), we dismissed the appeal for want of jurisdiction. M&E v. PRASA, 945 F.2d 10, 14 (1st Cir. 1991). The Supreme Court granted certiorari and, resolving an existing split in the circuits, determined that pretrial orders granting or denying Eleventh Amendment immunity were immediately appealable. PRASA v. M&E, 121 L. Ed. 2d 605, 113 S. Ct. 684, 689 (1993).
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