1. Home
  2. Browse Decisions
  3. F.3d
  4. 411 F.3d
  5. 411 F.3d 367 (2005)
 

IN RE DAIRY MART CONVENIENCE STORES, INC.

Docket No. 04-1156-BK.

411 F.3d 367 (2005)

In re: DAIRY MART CONVENIENCE STORES, INC., et al., Debtors. Dairy Mart Convenience Stores, Inc., et al., Debtors-Appellees, v. Robert E. Nickel, Secretary Ronald B. McCloud, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 13, 2005.

Attorney(s) appearing for the Case

James D. Brannen, Frankfort, Kentucky (Office of the Petroleum Storage Tank Environmental Assurance Fund, Frankfort, Kentucky; Joseph T. Moldovan, Morrison Cohen LLP, New York, New York, of counsel), for Defendants-Appellants.

Lena Mandel, New York, New York (Dennis F. Dunne, Milbank, Tweed, Hadley & McCloy LLP, New York, New York, of counsel), for Debtors-Appellees.

Before: CARDAMONE, KATZMANN, and RAGGI, Circuit Judges.

CARDAMONE, Circuit Judge.

In this opinion we are required to examine concepts that have evolved in our jurisprudence since the 1798 ratification of the Eleventh Amendment to the United States Constitution. Contributing to those concepts were, among others, Alexander Hamilton in The Federalist No. 81 (Sesquicentennial ed.), Chief Justice John Marshall in Osborn v. Bank of United States, 22 U.S. (9 Wheat.) 738, 6 L.Ed. 204 (1824), and a host of scholarly...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases