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IN RE SAN JUAN DUPONT PLAZA HOTEL FIRE LITIGATION

No. 89-1552.

888 F.2d 940 (1989)

In re SAN JUAN DUPONT PLAZA HOTEL FIRE LITIGATION PLAINTIFFS' STEERING COMMITTEE, Appellant, v. TOURISM COMPANY OF PUERTO RICO, Appellee.

United States Court of Appeals, First Circuit.

Decided November 8, 1989.

Attorney(s) appearing for the Case

John E. Mudd, San Juan, P.R., with whom Peter Berkowitz, Alvaro Calderon, Hato Rey, P.R., Stanley M. Chesley, Cincinnati, Ohio, John Cummings, III, New Orleans, La., Wendell H. Gauthier, Metairie, La., David C. Indiano, San Juan, P.R., Will Kemp, Harvey B. Nachman, Santurce, P.R., Jorge Ortiz Brunet, Hato Rey, P.R., Jorge M. Suro-Ballester, Santurce, P.R., and Francisco M. Troncoso, Old San Juan, P.R., were on brief, for appellant.

Manuel Alvarado with whom Juan A. Moldes and Saldana, Rey, Moran & Alvarado, Hato Rey, P.R., were on brief, for appellee.

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

LEVIN H. CAMPBELL, Chief Judge.

This is an appeal from the district court's dismissal of claims for damages against the Tourism Company of Puerto Rico. The issue on appeal is whether the district court correctly held that the Puerto Rico Tourism Company is an arm of the Commonwealth of Puerto Rico and, therefore, immune from suit under the Eleventh Amendment. Finding that the Tourism Company comes within the protective umbrella...

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