LIBBY v. MARSHALL

No. 87-1041.

833 F.2d 402 (1987)

David LIBBY, et al., Plaintiffs, Appellees, v. Clifford MARSHALL, et al., Defendants, Appellees. Michael Dukakis, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided November 24, 1987.


Attorney(s) appearing for the Case

Carl Valvo, Asst. Atty. Gen., with whom Steven H. Goldberg, Asst. Atty. Gen., and James M. Shannon, Atty. Gen., Boston, Mass., were on brief, for, defendants, appellants.

Pamela J. Wood with whom Choate, Hall & Stewart, Boston, Mass., was on brief, for plaintiffs, appellees.

Before CAMPBELL, Chief Judge, TIMBERS, Senior Circuit Judge, and BREYER, Circuit Judge.


LEVIN H. CAMPBELL, Chief Judge.

The state defendants appeal from the district court's denial of their motion to dismiss, a motion that was grounded in part upon the Eleventh Amendment. Because we conclude that the appeal is interlocutory, and that we lack jurisdiction over the appeal, we do not reach the merits of defendants' contention that the Eleventh Amendment bars suit against them.

I. BACKGROUND

This interlocutory appeal arises out of a section...

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