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COGGESHALL DEVELOPMENT CORP. v. DIAMOND

No. 89-1264.

884 F.2d 1 (1989)

COGGESHALL DEVELOPMENT CORP., et al., Plaintiffs, Appellees, v. William J. DIAMOND, etc., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided September 5, 1989.

Attorney(s) appearing for the Case

J. Carol Williams, with whom Donald A. Carr, Acting Asst. Atty. Gen., Washington, D.C., Lincoln C. Almond, U.S. Atty., Everett C. Sammartino, Asst. U.S. Atty., Providence, R.I., and Angus E. Crane, Atty., Dept. of Justice Land & Natural Resources Division, Washington, D.C., was on brief, for defendants, appellants.

James M. Sloan, III, with whom Gardner, Sawyer, Gates & Sloan, Providence, R.I., was on brief, for plaintiffs, appellees.

Before CAMPBELL, Chief Judge, TORRUELLA and SELYA, Circuit Judges.

TORRUELLA, Circuit Judge.

This appeal could well have been avoided had the government directly raised the defense of sovereign immunity before the district court. Nevertheless, because it goes to the jurisdiction of the court, the defense of sovereign immunity "can be raised at any time, and indeed by a court of appeals on its own motion." Leonhard v. United States, 633 F.2d 599, 618...

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