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LITTON INDUSTRIES, INC. v. COLON

No. 78-1182.

587 F.2d 70 (1978)

LITTON INDUSTRIES, INC., et al., Plaintiffs-Appellants, v. Rafael Hernandez COLON et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided November 20, 1978.

Attorney(s) appearing for the Case

Edelmiro Salas Garcia, Hato Rey, P.R., for plaintiffs-appellants.

Justo Gorbea Varona, Asst. Sol. Gen., Dept. of Justice, Puerto Rico, P.R., with whom Hector A. Colon Cruz, Sol. Gen. of the Com. of Puerto Rico, San Juan, P.R., was on brief for appellees.

Before KUNZIG, Judge, U.S. Court of Claims, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

This 1983 civil rights action is based on the failure of defendants-appellees to honor the low bid of plaintiffs-appellants and purchase a quantity of text books from them. The case was dismissed by the district court for failure to state a claim upon which relief could be granted. Fed.R.Civ.P. 12(b)(6). The central issue is whether the suit is barred by the eleventh amendment to the Constitution of the United States.1

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