METCALF & EDDY, INC. v. TOWN OF GORHAM, N.H.

No. C82-306-L.

587 F.Supp. 32 (1984)

METCALF & EDDY, INC. v. TOWN OF GORHAM, NEW HAMPSHIRE, State of New Hampshire Water Supply and Pollution Control Commission United States of America; Environmental Protection Agency.

United States District Court, D. New Hampshire.

June 12, 1984.


Attorney(s) appearing for the Case

Eugene M. VanLoan, Wadleigh, Starr, Peters, Dunn & Chiesa Manchester, N.H., for plaintiff.

Jack P. Crisp, Jr., Berlin, N.H., Edward L. Cross, Jr., W. Stephen Thayer, III, U.S. Atty., Concord, N.H., Philip R. Boxell, Jr., EPA Regional Counsel, Boston, Mass., Courtney M. Price, EPA, Carl Strass, Dept. of Justice, Land & Natural Resources Environmental Defense Section, Washington, D.C., for defendants.


ORDER ON MOTION FOR RECONSIDERATION

LOUGHLIN, District Judge.

By order dated September 23, 1982 this court denied third-party defendant, State of New Hampshire's motion to dismiss which asserted that the defendant Town of Gorham's third-party claim was barred by the Eleventh Amendment to the Federal Constitution. The court reasoned that:

Where the State legislature has found it appropriate to adopt a limited waiver of its sovereign immunity in contract...

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