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CANDELA CORP. v. REGENTS OF THE UNIVERSITY OF CAL.

Civil Action No. 97-11577-GAO.

976 F.Supp. 90 (1997)

CANDELA CORPORATION, Plaintiff, v. The REGENTS OF THE UNIVERSITY OF CALIFORNIA, Defendant.

United States District Court, D. Massachusetts.

September 25, 1997.

Attorney(s) appearing for the Case

Scott A. Birnbaum, Testa, Hurwitz & Thibeault, Boston, MA, for Plaintiff.

Charles P. Kindregan, James B. Lampert, Hale & Dorr, Boston, MA, Gerald P. Dodson, John R. Moore, Arnold, White & Durkee, Menlo Park, CA, for Defendant.

MEMORANDUM AND ORDER

O'TOOLE, District Judge.

After this action was commenced in the Massachusetts Superior Court, the defendant removed it to this Court. The plaintiff now objects that the removal was improper and asks that the case be remanded. The issue raised by plaintiff's motion is whether The Regents of the University of California (the "Regents") has properly waived its immunity to suit under the Eleventh Amendment to the United States Constitution...

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