UNIVERSAL SUR. CO. v. LESCHER AND MAHONEY, ARCH. & ENG.

No. Civ. 69-501 PHX.

340 F.Supp. 303 (1972)

UNIVERSAL SURETY COMPANY, a Nebraska corporation, Plaintiff, v. LESCHER AND MAHONEY, ARCHITECTS AND ENGINEERS, an Arizona corporation, et al., Defendants.

United States District Court, D. Arizona.

February 10, 1972.


Attorney(s) appearing for the Case

Gerald K. Smith, Lewis & Roca, Phoenix, Ariz., for plaintiff.

Moise Berger, Maricopa County Atty., Richard A. Segal, Gust, Rosenfeld & Divelbess, Phoenix, Ariz., for defendant Lescher and Mahoney.

William F. Haug, Jennings, Strouss & Salmon, Phoenix, Ariz., for Defendant Air-Tec fna Stiles, Allen & Reimer.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, Ariz., for Del E. Webb Corp.


OPINION and ORDER

MUECKE, District Judge.

Defendant Del E. Webb Corporation has moved to dismiss on the basis that defendant, "Maricopa County, Arizona, a body politic," as an arm of the State is entitled to a state's Eleventh Amendment protection and is, therefore, not a citizen for diversity, thereby leaving this Court without jurisdiction.

Defendant Del E. Webb Corporation relies in part on brief statements in two Ninth Circuit cases, one finding...

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