POETTKER CONST. v. HIGHWAY & TRANSP. COM'N OF MO.

No. 4:93CV 0390 SNL.

817 F.Supp. 75 (1993)

POETTKER CONSTRUCTION COMPANY, Plaintiff, v. HIGHWAY AND TRANSPORTATION COMMISSION OF MISSOURI, Defendant.

United States District Court, E.D. Missouri, E.D.

March 26, 1993.


Attorney(s) appearing for the Case

Rodney M. Sharp, Sandberg and Phoenix, St. Louis, MO, for plaintiff.

Rich Tiemeyer, Dan Pritchard, and Gregory W. Schroeder, Highway & Transp. Com'n, State of Mo., Jefferson City, MO, for defendant.


MEMORANDUM AND ORDER

LIMBAUGH, District Judge.

This matter is before the Court upon defendant's Motion to Dismiss for lack of jurisdiction based upon Eleventh Amendment immunity and lack of subject matter jurisdiction. Plaintiff filed this action seeking injunctive relief from any attempt by defendant to make a demand upon plaintiff's bid bond after plaintiff attempted to withdraw or amend its original bid, which was accepted by defendant. On February...

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