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COLLINS v. STATE OF ALASKA

Nos. 85-3874, 85-3915.

823 F.2d 329 (1987)

Timothy J. COLLINS, Plaintiff-Appellant, v. STATE OF ALASKA And Division of Marine Highway Systems, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn February 21, 1986.

Resubmitted June 26, 1987.

Decided July 28, 1987.

Attorney(s) appearing for the Case

Howard P. Pruzan, Seattle, Wash., for plaintiff-appellant.

James P. Moynihan and John H. Bradbury, Seattle, Wash., for defendants-appellees.

Before WRIGHT, CANBY and WIGGINS, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Collins presents us with two interesting questions. The first is whether the Eleventh Amendment bars a seaman's suit against a state employer in federal court. The second is whether a seamen's union can trade its members' traditional maritime remedies for remedies under a workers' compensation system. Because of our answer to the first question, we do not answer the second.

BACKGROUND

In December 1983, Collins was...

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