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AMERICAN RE-INSURANCE CO. v. JANKLOW

No. 81-1680.

676 F.2d 1177 (1982)

AMERICAN RE-INSURANCE COMPANY, a Delaware Corporation, Appellant, v. William J. JANKLOW, individually and as Governor of the State of South Dakota; Vernon L. Larson, individually and as Auditor of the State of South Dakota; Tim Engelhart, individually and as Director of the Bureau of Administration of the State of South Dakota; James E. Brinkman, individually and as Director of the Department of Purchasing and Printing of the State of South Dakota; the Bureau of Administration of the State of South Dakota; and the State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 23, 1982.

Attorney(s) appearing for the Case

Gary E. Davis, C. Rick Johnson, Johnson, Johnson & Eklund, Gregory, S. D., Mark Meierhenry, Atty. Gen., Pierre, S. D., for appellees.

Lawrence L. Piersol, Mark Marshall, Staff Atty., Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., James M. Samples, Stephen D. Bell, Faegre & Benson, Minneapolis, Minn., for appellant American Re-Insurance Co.

Before GIBSON, Senior Circuit Judge, BRIGHT, Circuit Judge, and LARSON, Senior District Judge.

LARSON, Senior District Judge.

The plaintiff, American Re-Insurance Company, appeals from the district court's sua sponte dismissal of those portions of its complaint that sought injunctive and declaratory relief. The district court determined that such relief was barred by the Eleventh Amendment because the State was the real party in interest and the relief sought was in essence specific performance of a contract, which would require the payment of money...

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