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DURNING v. CITIBANK, N.A.

No. 90-35172.

950 F.2d 1419 (1991)

Jean C. DURNING, Marvin B. Durning, Plaintiffs-Appellees, v. CITIBANK, N.A., the First Boston Corporation, First Interstate Bank of Casper, Defendants, and Wyoming Community Development Authority, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 9, 1991.

Attorney(s) appearing for the Case

Bennet A. McConaughy, Paul L. Ahern, Jr., Foster, Pepper & Shefelman, Seattle, Wash., for defendant-appellant.

James A. Webster, Lynn D. Weir, Webster, Mrak & Blumberg, Seattle, Wash., for plaintiffs-appellees.

Before WALLACE, Chief Judge, O'SCANNLAIN, Circuit Judge, and BURNS, District Judge.

O'SCANNLAIN, Circuit Judge:

The Wyoming Community Development Authority (the "Authority") appeals from the district court's denial of its motion to dismiss for lack of jurisdiction. The Authority contends that it is an arm of the sovereign state of Wyoming and is therefore absolutely immune from suit in federal court under the Eleventh Amendment to the Constitution. Although we acknowledge that the question is close, we disagree and affirm.

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