1. Home
  2. Browse Decisions
  3. F.2d
  4. 567 F.2d
  5. 567 F.2d 323 (1977)
 

MILLER-DAVIS CO. v. ILLINOIS STATE TOLL HIGHWAY AUTHORITY

No. 76-2213.

567 F.2d 323 (1977)

MILLER-DAVIS COMPANY, a Michigan Corporation, Plaintiff-Appellant, v. ILLINOIS STATE TOLL HIGHWAY AUTHORITY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 2, 1977.

Attorney(s) appearing for the Case

Peter M. Sfikas, Chicago, Ill., for plaintiff-appellant.

Tanya K. Dietrich, Asst. Atty. Gen., Oak Brook, Ill., William J. Scott, Atty. Gen., Chicago, Ill., for defendant-appellee.

Before FAIRCHILD, Chief Judge, MARKEY, Chief Judge, and WOOD, Circuit Judge.

FAIRCHILD, Chief Judge.

On this appeal, we are asked to consider whether it was proper for the district court to abstain from considering an Eleventh Amendment challenge to federal jurisdiction because of an unclear state issue as to waiver of sovereign immunity. We find that such abstention was not proper in this case and therefore reverse the district court's decision. We further find that the Eleventh Amendment does not bar this suit. Accordingly, we remand this...

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