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MICOMONACO v. STATE OF WASH.

No. 93-36084.

45 F.3d 316 (1995)

Mario MICOMONACO and Mary Micomonaco, husband and wife, Plaintiffs-Appellants, v. STATE OF WASHINGTON; Department of Transportation; Marine Division; and M/V Evergreen State Ferry, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 18, 1995.

Attorney(s) appearing for the Case

Nicholas F. Corning, Treece, Richdale, Malone, Corning & Abbott, P.S., Seattle, WA, for plaintiffs/appellants.

Christine O. Gregoire, Atty. Gen., and Michael A. Nicefaro, Jr., Asst. Atty. Gen., Office of the Attorney General, Seattle, WA, for defendants/appellees.

Before BEEZER and FERNANDEZ, Circuit Judges, and ORRICK, Senior District Judge.

ORRICK, Senior District Judge:

Plaintiffs, Mario Micomonaco and his wife Mary Micomonaco ("Micomonacos") brought this suit against the State of Washington ("Washington") after Mario Micomonaco incurred injuries while working on a state-owned ferry. The district court granted Washington's motion to dismiss for lack of jurisdiction based on the Eleventh Amendment to the Constitution of the United States. The Micomonacos appeal this ruling or, in the alternative, move...

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