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BARKET, LEVY & FINE v. ST. LOUIS THERMAL ENERGY

No. 90-2266EM.

948 F.2d 1084 (1991)

BARKET, LEVY & FINE, INC., Appellant, v. ST. LOUIS THERMAL ENERGY CORPORATION, a corporation; Bi-State Development Agency of the Missouri-Illinois Metropolitan District, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 7, 1991.

Attorney(s) appearing for the Case

Mark D. Hirschfeld, Clayton, Mo., argued, for appellant.

Jeffrey J. Lowe and Thomas M. Newmark, St. Louis, Mo., argued (Mark J. Rubinelli and David W. Harlan, J. Bennett Clark and Cawood K. Bebout, St. Louis, Mo., on the briefs), for appellees.

Before FAGG, Circuit Judge, SNEED, Senior Circuit Judge, and LOKEN, Circuit Judge.

FAGG, Circuit Judge.

Barket, Levy & Fine, Inc. (Barket) appeals the dismissal of its civil rights action against Bi-State Development Agency of the Missouri-Illinois Metropolitan District (Bi-State) and St. Louis Thermal Energy Corporation (Thermal). The district court found Bi-State is an arm of the states of Missouri and Illinois entitled to immunity under the Eleventh Amendment, and thus concluded Bi-State is not a "person" subject to liability under 42 U.S...

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