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NA-JA CONSTRUCTION CORPORATION v. ROBERTS

Civ. A. No. 3197.

259 F.Supp. 895 (1966)

NA-JA CONSTRUCTION CORPORATION, Plaintiff, v. Harry B. ROBERTS, Jr., John D. Daniello, Joseph F. Dayton, Commissioners of Levy Court of New Castle County, Delaware, Defendants.

United States District Court D. Delaware.

October 10, 1966.

Attorney(s) appearing for the Case

H. Alfred Tarrant, Jr., and Piet H. van Ogtrop of Cooch & Taylor, Wilmington, Del., for plaintiff, C. Edmund Wells, of Wells, Campbell, Reynier & Yohn, Pottstown, Pa., of counsel.

Lawrence M. Sullivan, Wilmington, Del., for Levy Court of New Castle County.

OPINION

LAYTON, District Judge.

Plaintiff, a Pennsylvania corporation, has sued defendant, Commissioners of Levy Court of New Castle County (county government), Delaware, for the balance allegedly due it on a sewer construction contract. Defendant has moved to dismiss upon these grounds:

(1) Sovereign immunity; (2) Lack of diversity because in reality this is a suit against the State of Delaware barred by the 11th Amendment of the Federal...

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