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RAM DITTA v. MD. NAT. CAPITAL PARK & PLANNING COM'N

No. 86-3836.

822 F.2d 456 (1987)

Debindra RAM DITTA, a minor by and through her father and next friend, Kesho RAM DITTA, and by and through her mother and next friend Rosabelle Ram Ditta, Appellants, v. MARYLAND NATIONAL CAPITAL PARK AND PLANNING COMMISSION, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 6, 1987.

Attorney(s) appearing for the Case

Bernard P. Horn (Oliver Denier Long, Long & Long, P.A., Bethesda, Md., on brief), for appellants.

Anthony M. Ventre, Asst. Co. Atty. (Paul A. McGuckian, Co. Atty., Joann Robertson, Associate Co. Atty., Rockville, Md., on brief), for appellee.

Before PHILLIPS and SPROUSE, Circuit Judges, and MERHIGE, United States District Judge for the Eastern District of Virginia, sitting by designation.

SPROUSE, Circuit Judge:

Debindra Ram Ditta1 appeals from the district court's order dismissing her personal injury action against the Maryland-National Capital Park and Planning Commission (Commission). The district court held that the Commission was a state agency and therefore immune from suit under the eleventh amendment of the United States Constitution. We reverse.

The Commission is a state-created entity charged with operating...

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