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DAGNALL v. GEGENHEIMER

No. 79-1805.

645 F.2d 2 (1981)

David DAGNALL, Plaintiff-Appellee, v. Succession of Barney GEGENHEIMER et al., Defendants, Department of Highways, State of Louisiana, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 11, 1981.

Attorney(s) appearing for the Case

Jesse S. Guillot, New Orleans, La., for defendant-appellant.

Adams & Reese, Robert E. Couhig, Jr., New Orleans, La., for plaintiff-appellee.

Before CHARLES CLARK, TJOFLAT, and GARZA, Circuit Judges.

ON PETITION FOR REHEARING AND SUA SPONTE SUGGESTION OF REHEARING EN BANC

PER CURIAM:

The court substitutes the following paragraphs for those appearing at headnotes [1] through [4] of its opinion dated December 3, 1980, 631 F.2d 1195:

The eleventh amendment expressly bars the suit of Dagnall, a resident of Wisconsin, against the State of Louisiana. Dagnall does not dispute the Department's claim that it is...

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