CHRISTY v. PENNSYLVANIA TURNPIKE COMMISSION,

Nos. 94-1386, 94-1398.

54 F.3d 1140 (1995)

Charles A. CHRISTY, v. PENNSYLVANIA TURNPIKE COMMISSION, A Duly Organized and Existing Agency of the Commonwealth of Pennsylvania; Robert Brady, Individually and in His Official Capacity; James J. Dodaro, Individually and in His Official Capacity; Howard Yerusalim, Individually and in His Official Capacity; Frank S. Ursomarso, Individually and in His Official Capacity; James F. Malone, III, Individually and in His Official Capacity; John L. Sokol, Jr., Individually and in His Official Capacity; S. Michael Palermo, Individually and in His Official Capacity; Joseph L. Dirienzo, Individually and in His Official Capacity; Samuel S. Carnabuci, Individually and in His Official Capacity; Melvin M. Shelton, Individually and in His Official Capacity; Deborah Koval, Individually and in Her Official Capacity; John A. Boschi, Individually and in His Official Capacity; Vincent J. Greco, Individually and in His Official Capacity; John A. Stewart, Individually and in His Official Capacity; George Pilecki, Individually and in His Official Capacity; Sean Pilecki, Individually, Pennsylvania Turnpike Commission, Robert Brady, Vincent Greco and John Stewart, Appellants No. 94-1386. John A. Boschi, Appellant No. 94-1398.

United States Court of Appeals, Third Circuit.

Opinion Vacated April 27, 1995.

Submitted On Rehearing April 28, 1995.

Decided May 23, 1995.

Sur Petition for Rehearing July 13, 1995.


Attorney(s) appearing for the Case

Michael M. Baylson (argued), Duane, Morris & Heckscher, Philadelphia, PA, for appellants, Pennsylvania Turnpike Com'n, Robert Brady, Vincent Greco and John Stewart.

David S. Fortney (argued), Lisa G. DiPietro, Reed, Smith, Shaw & McClay, Philadelphia, PA, for appellant, John A. Boschi.

Joseph F. Lawless, Jr. (argued), Newtown Square, PA, John P. Hickey, Imogene E. Hughes, Kleinbard, Bell & Brecker, Philadelphia, PA, for appellee.

Before: STAPLETON, ALITO and LEWIS, Circuit Judges.


Submitted Pursuant to LAR 34.1(a) On Panel Rehearing April 28, 1995.

OPINION OF THE COURT

LEWIS, Circuit Judge.

In this case, we must determine whether the Pennsylvania Turnpike Commission ("Commission") is an "arm" or "alter ego" of the Commonwealth of Pennsylvania and thus entitled to Eleventh Amendment immunity from suit in federal court. Because we conclude that the Commission is not an arm or alter ego of Pennsylvania we will affirm the district...

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