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NEO GEN SCREENING, INC. v. NEW ENGLAND NEWBORN SCREENING PROGRAM

No. 99-1100.

187 F.3d 24 (1999)

NEO GEN SCREENING, INC., Plaintiff, Appellant, v. NEW ENGLAND NEWBORN SCREENING PROGRAM, d/b/a New England Regional Newborn Screening Program, University of Massachusetts, University of Massachusetts Medical Center, Howard Koh, Ralph Timperi, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 14, 1999.

Attorney(s) appearing for the Case

Kenneth P. McKay with whom Law Offices of K. Patrick McKay was on brief for appellant.

Jane L. Willoughby, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief for appellees.

Before BOUDIN, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

BOUDIN, Circuit Judge.

The present appeal arises out of a federal antitrust case dismissed by the district court on the ground that it was barred by the Eleventh Amendment. We assume to be true, for purposes of this appeal, the facts as alleged in the complaint. Duckworth v. Pratt & Whitney, Inc., 152 F.3d 1, 3 (1st Cir.1998). However, the district court also considered, as do we, uncontroverted facts furnished by affidavit...

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