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ALASKA CARGO TRANSPORT, INC. v. ALASKA R.R. CORP.

No. 92-35027.

5 F.3d 378 (1993)

ALASKA CARGO TRANSPORT, INC., Plaintiff-Appellant, v. ALASKA RAILROAD CORPORATION; Frank Turpin; Marty Keale; Richard Knapp; Denny Robertson; Laurie Gray; Arnold Polanchek, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 17, 1993.

Attorney(s) appearing for the Case

Thomas J. Greenan, Christopher Kane, Schwabe, Williamson, Ferguson & Burdell, Seattle, WA, for plaintiff-appellant.

Thomas J. Brewer, Gregory M. O'Leary, Molly B. Burke, and Tamara Jill Conrad, Heller, Ehrman, White & McAuliffe, Seattle, WA, William R. Hupprich, Alaska R.R. Corp., Anchorage, AK, for defendants-appellees.

Before: SCHROEDER, FLETCHER, and ALARCON, Circuit Judges.

FLETCHER, Circuit Judge:

Appellant Alaska Cargo Transport, Inc. ("Alaska Cargo") appeals the district court's dismissal of its complaint with prejudice as to federal claims and without prejudice as to state claims. The court held that appellee Alaska Railroad Corp. ("ARRC") is immune from suit under the Eleventh Amendment. We have jurisdiction over the timely filed appeal pursuant to 28 U.S.C. § 1291 (1988). We affirm.

I. Facts

ARRC does not...

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