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GEORGE R. WHITTEN, JR., INC. v. STATE UNIVERSITY CONST. F.

No. 73-1190.

493 F.2d 177 (1974)

GEORGE R. WHITTEN, JR., INC., d/b/a Whitten Corporation, Plaintiff, Appellant, v. STATE UNIVERSITY CONSTRUCTION FUND, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 8, 1974.

Attorney(s) appearing for the Case

Frank T. Barber, III, Boston, Mass., with whom John E. Lecomte and Lecomte, Shea & Gould, Boston, Mass., was on brief, for appellant.

Barry L. Radlin, Associate Atty., Albany, N. Y., with whom Ruth Kessler Toch, Sol. Gen., and Louis J. Lefkowitz, Atty. Gen. of the State of New York, were on brief, for appellee.

Before COFFIN, Chief Judge, McENTEE and MOORE, Circuit Judges.

MOORE, Circuit Judge.

This is an appeal from an order of the United States District Court for the District of Massachusetts (Julian, J.), dismissing the plaintiff's complaint due to lack of subject matter jurisdiction and the defendant's Eleventh Amendment immunity from suit.1 Plaintiff-appellant, George R. Whitten, Jr., Inc., d/b/a Whitten Corporation (hereafter Whitten), a Massachusetts corporation, is a manufacturer and installer of...

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