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METCALF & EDDY v. P.R. AQUEDUCT & SEWER AUTHORITY

No. 91-1602.

991 F.2d 935 (1993)

METCALF & EDDY, INC., Plaintiff, Appellee, v. PUERTO RICO AQUEDUCT AND SEWER AUTHORITY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 3, 1993.

Attorney(s) appearing for the Case

Perry M. Rosen, Paige E. Reffe, Thomas D. Roth, Cutler & Stanfield, Washington, DC, Arturo Trias, Hector Melendez Cano, and Trias, Acevedo & Otero, Hato Rey, PR, on supplemental brief, for defendant, appellant.

Peter W. Sipkins, Dorsey & Whitney, Minneapolis, MN, Jay A. Garcia-Gregory, and Fiddler, Gonzalez & Rodriguez, San Juan, PR, on supplemental brief, for plaintiff, appellee.

Before BREYER, Chief Judge, ALDRICH, Senior Circuit Judge, and SELYA, Circuit Judge.

SELYA, Circuit Judge.

Notwithstanding that trial is still some distance away, this diversity case alights on our doorstep for the second time. The appellate roundelay began when Metcalf & Eddy, Inc. (M & E) sued the Puerto Rico Aqueduct and Sewer Authority (PRASA) for damages in Puerto Rico's federal district court. In the course of pretrial proceedings, the court denied PRASA the benefit of Eleventh Amendment immunity. The disappointed defendant essayed an...

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