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THOMAS v. FAG BEARINGS CORP.

No. 94-2452.

50 F.3d 502 (1995)

Guy THOMAS; Elaine Moretz; Earle F. Doman; Dalene Doman; David E. Ross; Joann Ross; Michael G. Knapp, D.O.; Stephen Lee Luebber; Rebecca L. Luebber; Kathleen A. Knapp; Peter Reich; Ruth Reich; L. Floyd Smith; George K. Smith; and all others similarly situated, Plaintiffs v. FAG BEARINGS CORPORATION; FAG Kugelfischer Georg Schaefer KGaA, Defendants-Appellees, v. MISSOURI DEPARTMENT OF NATURAL RESOURCES, Defendant-Appellant. FAG BEARINGS CORPORATION, Third-Party Plaintiff, v. CONTRACT FREIGHTERS, INC.; International Paper Company; Midcon Cables Company; Motorola, Inc.; Gulf States Paper Company; The Pillsbury Company, Inc.; Service Packing Company; Vickers, Inc., Third-Party Defendants.

United States Court of Appeals, Eighth Circuit.

Decided March 13, 1995.

Attorney(s) appearing for the Case

Deborah Neff, Asst. Atty. Gen., Jefferson City, MO, argued for appellant (Shelley A. Woods, Asst. Atty. Gen., on brief).

David F. Oliver, Kansas City, MO, argued for appellees (M. Jan Day and Margaret V. Epple, on brief).

Before MAGILL and BEAM, Circuit Judges, and SHANAHAN, District Judge.

BEAM, Circuit Judge.

This interlocutory appeal addresses whether the Eleventh Amendment prohibits involuntary joinder of the Missouri Department of Natural Resources ("MDNR"), a state agency. The district court found the Eleventh Amendment inapplicable because none of the parties had asserted any claims directly against MDNR and because involuntary joinder merely dictated the timing of MDNR's action. We conclude that coercive joinder violates the Eleventh Amendment...

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