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PRENDERGAST v. LONG ISLAND STATE PARK COMMISSION

No. 70-C-857.

330 F.Supp. 438 (1970)

William A. PRENDERGAST, Plaintiff, v. LONG ISLAND STATE PARK COMMISSION and Jones Beach State Parkway Authority, Defendants.

United States District Court, E. D. New York.

December 2, 1970.

Attorney(s) appearing for the Case

Edward F. Cummerford, Mineola, for plaintiff.

Louis J. Lefkowitz, Atty. Gen. of New York for defendant Long Island State Park Commission, by A. Seth Greenwald, Asst. Atty. Gen., of counsel.

JUDD, District Judge.

MEMORANDUM AND ORDER

The New York Attorney General has moved to dismiss an action in admiralty based on a collision between the plaintiff's yacht and the Meadowbrook Parkway Bridge, asserting that the Eleventh Amendment to the United States Constitution deprives this court of jurisdiction.

Jurisdiction to consider this matter derives from Article III, Section 2 of the United States Constitution and 28 U.S.C. § 1333, which...

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