IN RE STRAIGHT

No. 97-8053.

143 F.3d 1387 (1998)

In re Beverly A. STRAIGHT and Milton L. Straight, a.k.a. Milton Lloyd Straight, Milton Straight, Mickie Straight, Debtors, WYOMING DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. Beverly A. STRAIGHT and Milton L. Straight, Appellees. Business Bankruptcy Law Committee of the New York County Lawyers' Association, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 9, 1998.


Attorney(s) appearing for the Case

Jennifer Ann Evans, Sr. Asst. Atty. Gen. (William U. Hill, Atty. Gen., with her on briefs), Cheyenne, WY, for Plaintiff-Appellant.

Leonard H. Gerson, Angel & Frankel, P.C., New York City, for Amicus Curiae.

David J. Bederman (Stephen R., Winship, Winship & Winship, P.C., Casper, WY, with him on briefs) Professor at Law, Emory University, Atlanta, GA, for Debtors-Appellees.

Before SEYMOUR, Chief Judge, PORFILIO, Circuit Judge, and HENRY, Circuit Judge.


JOHN C. PORFILIO, Circuit Judge.

The State of Wyoming, through its Department of Transportation (Department), challenges the jurisdiction of the bankruptcy court to enter an order directing the Department to pay attorneys' fees and costs related to its violation of stay provisions of the Bankruptcy Code found in 11 U.S.C. §§ 362 and 525. Wyoming claims the sovereign immunity vested in it by the Eleventh Amendment puts its agencies beyond the jurisdictional...

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