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TEW v. ARIZONA STATE RETIREMENT SYSTEM

No. 87-5946.

873 F.2d 1400 (1989)

Thomas TEW, Trustee for the Bankruptcy Estate of ESM Government Securities, Inc., Plaintiff-Appellee, v. ARIZONA STATE RETIREMENT SYSTEM, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 24, 1989.

Attorney(s) appearing for the Case

David Rich, Asst. Atty. Gen., Anthony B. Ching, Sol. Gen., State of Arizona, Phoenix, Ariz., for defendant-appellant.

Thomas R. Lehman, Miami, Fla., for plaintiff-appellee.

Before RONEY, Chief Judge, COX, Circuit Judge, and MORGAN, Senior Circuit Judge.

PER CURIAM:

Arizona State Retirement System appeals the district court's grant of summary judgment to the trustee for the bankruptcy estate of ESM Government Securities, Inc., in the trustee's suit to recover money Arizona allegedly owed the estate. We reverse the district court, holding that the suit is barred by the Eleventh Amendment.

The facts were stipulated: On March 1, 1985, Arizona bought nine securities from debtor ESM — three U.S. treasury...

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