SEA LAND SERVICE v. ESTADO LIBRE ASOCIADO, ETC.

No. 78-1136.

588 F.2d 312 (1978)

SEA LAND SERVICE INC., Plaintiff-Appellant, v. ESTADO LIBRE ASOCIADO DE PUERTO RICO DEPARTMENTO DE INSTRUCION PUBLICA, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided December 8, 1978.


Attorney(s) appearing for the Case

Gilberto Mayo Pagan, Santurce, P. R., with whom Cancio, Cuevas & Mayo, Santurce, P. R., was on brief, for plaintiff-appellant.

Americo Serra, Asst. Sol. Gen., Rio Piedras, P. R., with whom Hector A. Colon Cruz, Sol. Gen., Dept. of Justice, San Juan, P. R., was on brief, for defendant-appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.


BOWNES, Circuit Judge.

The sole issue in this case is whether the eleventh amendment1 bars an action for demurrage in the federal courts against defendants-appellees, the Department of Education of the Commonwealth of Puerto Rico.

Appellant, a maritime carrier, brought an action for demurrage in the District Court of Puerto Rico under 28 U.S.C. § 1331 and 13372<...

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