BLAKE v. KLINE

No. 79-1161.

612 F.2d 718 (1979)

BLAKE, Margaret Anne, a minor, by Blake, James, her Guardian, Appellant, v. KLINE, Caryl M.; Casey, Robert E.; Heddinger, Fred M.; Jacobs, William F. Jr.; Killian, John D.; Angle, Jacque D.; Moran, Francis; Eisenhart, J. Henry; Stackowski, Benjamin L.; Corrado, Samuel; Harris, Richard C.; and the Public School Employees' Retirement Board, Appellees.

United States Court of Appeals, Third Circuit.

Decided December 20, 1979.


Attorney(s) appearing for the Case

Gordon W. Gerber, Arthur H. Rainey, Fred T. Magaziner (Argued), Dechert, Price & Rhoads, Philadelphia, Pa., for appellant.

David H. Allshouse, Deputy Atty. Gen. (Argued), Norman J. Watkins, Deputy Atty. Gen. Chief, Civil Litigation, Edward G. Biester, Jr., Atty. Gen., Dept. of Justice, Commonwealth of Pennsylvania, Harrisburg, Pa., for appellees.

Before ADAMS, ROSENN and WEIS, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal primarily raises the complex issue of whether the Public School Employees' Retirement Board of Pennsylvania is an alter ego of the state so as to preclude the exercise of federal subject matter jurisdiction under the eleventh amendment, the diversity statute, and principles of state sovereign immunity. Because we conclude the record is deficient, we vacate the judgment of the district court and...

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