BAIR v. KRUG

No. 87-2399.

853 F.2d 672 (1988)

Pearl BAIR; Gus Balash; Joseph Barry; Linda M. Barry; Barbara Carr; Debbie Carr; Evelyn L. Carr; Sheri Carr; John S. Decristo; Elio Donato; Helen Donato; Cecelia D. Hasior; Walter Hasior; Colon K. Hedges, Harvey Jensen; Patricia A. Johnson; Willard E. Johnson; Linda Jones; Hildegard Jopes; Raymond Jopes; David K. Kaplan; Eileen Kerner; Valdas V. Kiskis; Florence Klessig; W.K. Klessig; Cecelia Laborati; Juan C. Laborati; Doris Landman; Kenneth Landman; Nelvin Landman; Wayne Landman; Madeline Lesky; Mark Lesky; Nancy Lian; Faye Margolin; Sara J. Melissa; Armond Merluzzi; Lawrence Murphy; Robert Nason; Helen E. Pinon; Zip L. Pinon; Carmen Ramos; Joseph Ramos; Mary L. Rossi; Max Sparks; Sally Sparks; Nancy Taylor; Nancy Tillman; Marla Vaccaro; Robert A. Vaccaro; Erik Westblom; Richard H. Wheeler; Sara R. Wheeler; and Joe R. Wickman, Plaintiffs-Appellants, v. Glenn D. "Sam" KRUG, et al., Defendants, and Glen F. Walquist, in his capacity as Deputy Administrator of Financial Institutions Division of the Department of Commerce of the State of Nevada; L. Scott Walshaw, in his capacity as Administrator of Financial Institutions Division of the Department of Commerce of the State of Nevada; and Larry D. Struve, in his capacity as Director of the Department of Commerce of the State of Nevada, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 26, 1988.


Attorney(s) appearing for the Case

Chris Maglaras, Jr., Ward & Maglaras, Las Vegas, Nev., for plaintiffs-appellants.

Philip R. Byrnes, Deputy Atty. Gen., Las Vegas, Nev., for defendants-appellees.

Before CHAMBERS, NOONAN and O'SCANNLAIN, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

In this appeal and the case of Central Reserve Life of North America Ins. Co. v. Struve, 852 F.2d 1158 (9th Cir.1988), we are called upon to outline the scope and extent of eleventh amendment immunity as it relates to situations in which a state has not been named as a party defendant. Although the bases of jurisdiction in the two cases are different, the issues presented and the analyses set forth...

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