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TRAVELERS INDEM. CO. v. SCHOOL BD. OF DADE COUNTY

No. 81-5079.

666 F.2d 505 (1982)

TRAVELERS INDEMNITY COMPANY, a Connecticut Corporation, Plaintiff-Appellant, v. The SCHOOL BOARD OF DADE COUNTY, FLORIDA, a public corporation under the laws of the State of Florida, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 22, 1982.

Attorney(s) appearing for the Case

Welbaum, Zook, Jones & Williams, Dan B. Guernsey, Miami, Fla., for plaintiff-appellant.

Frank A. Howard, Jr., Thomas G. Spicer, Attys., School Bd. of Dade Co., Miami, Fla., for defendant-appellee.

Before TUTTLE, HILL and JOHNSON, Circuit Judges.

TUTTLE, Circuit Judge:

This is an appeal from a summary judgment in which the trial court concluded that it lacked jurisdiction to entertain a diversity action because "under the singular facts of this case the Eleventh Amendment to the Constitution of the United States bars this Court from exercising subject matter jurisdiction of this case."

The facts necessary to an understanding of this appeal are not in serious dispute. The county school board contracted...

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