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SCHOPLER v. BLISS

No. 88-5609.

903 F.2d 1373 (1990)

Thomas A. SCHOPLER, D.D.S., Plaintiff-Appellee, v. Rupert BLISS, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 22, 1990.

Attorney(s) appearing for the Case

Salvatore A. Carpino, Tampa, Fla. and Arden Siegendorf, Moffitt, Hart & Herron, P.A., Tallahassee, Fla., for Rupert Bliss, et al.

Thomas J. Schopler, Dania, Fla., Daniel J. Lewis, Tamarac, Fla., and Steven I. Kern, and Robert J. Conroy, Kern & Augustine, Morristown, N.J., for plaintiff-appellee.

Before VANCE and COX, Circuit Judges, and EDENFIELD, District Judge.

PER CURIAM:

The Florida Department of Professional Regulation, its Board of Dentistry, and ten individuals moved to dismiss this action against them claiming immunity from suit as a matter of law. The district court denied their motion and they now appeal. This court has jurisdiction under the collateral order doctrine for the limited purpose of determining whether the defendants must stand trial. Because Florida has not waived its Eleventh Amendment immunity from...

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