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PUERTO RICO AQUEDUCT AND SEWER AUTHORITY v. METCALF & EDDY, INC.

No. 91-1010.

506 U.S. 139 (1993)

PUERTO RICO AQUEDUCT AND SEWER AUTHORITY v. METCALF & EDDY, INC.

United States Supreme Court.

Decided January 12, 1993.

Attorney(s) appearing for the Case

Richard Taranto argued the cause for petitioner. With him on the briefs were Perry M. Rosen, Paige E. Reffe, and Michael T. Brady.

Peter W. Sipkins argued the cause for respondent. With him on the brief were Michael J. Wahoske, Paul R. Dieseth, Carol A. Peterson, and Jay A. Garcia-Gregory.*

White, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Blackmun, O'Connor, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Blackmun, J., filed a concurring opinion, p. 147. Stevens, J., filed a dissenting opinion, p. 148.

Justice White, delivered the opinion of the Court.

The question before the Court is whether a district court order denying a claim by a State or a state entity to Eleventh Amendment immunity from suit in federal court may be appealed under the collateral order doctrine of Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949). We conclude that it may.

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