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CENTRAL RESERVE LIFE OF N. AMERICA INS. v. STRUVE

No. 87-1830.

852 F.2d 1158 (1988)

CENTRAL RESERVE LIFE OF NORTH AMERICA INSURANCE COMPANY, Plaintiff-Appellant, v. Larry D. STRUVE, Director of Commerce, State of Nevada; David A. Gates, Commissioner of Insurance, State of Nevada, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 26, 1988.

Attorney(s) appearing for the Case

Vernon E. Leverty, Miller & Darr, Reno, Nev., for plaintiff-appellant.

J. Gregory Damm, Chief Deputy Atty. Gen., Carson City, Nev., for defendant-appellee Struve.

James C. Smith, Deputy Atty. Gen., Carson City, Nev., for defendant-appellee Gates.

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

O'SCANNLAIN, Circuit Judge:

In this appeal and the case of Bair v. Walquist, 853 F.2d 672 (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 are similar.

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