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STATE OF CAL. v. CAMPBELL

No. 97-15308

138 F.3d 784 (1998)

STATE OF CALIFORNIA, on Behalf of the CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL, Plaintiff-Appellee, v. Albert CAMPBELL, individually and as Trustee of the Victor Muscat Testamentary Trusts and Executor of the Estate of Victor Muscat; Charles Tackman, individually and as trustee of the Victor Muscat Testamentary Trusts and Executor of the Estate of Victor Muscat; Robert Tiberiis, individually and as Trustee of the Victor Muscat Testamentary Trusts and Executor of the Estate of Victor Muscat; Vic Inc., a New Jersey Corporation; Clay McGowan; Middletown Moulding Co., a California Corporation; Sierra Pacific Industries, a California Corporation; Fay McGowan; Gerald Richter; Linda Richter; Tupack Verpackungen Gesellschaft MBH, Defendants, and CHICO CITY, Defendant-Appellee, v. WESTERN RESOURCES, INC., Receiver of the Victor Muscat Testamentary Trusts, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 9, 1998.

Attorney(s) appearing for the Case

Thomas H. Clarke, Jr., Susan H. Handelman, Ropers, Majeski, John & Bentley, Redwood City, CA, for defendant-appellant Western Resources, Inc.

Sandra Goldberg, Deputy Attorney General, Oakland, CA, for plaintiff-appellee State of California, Department of Toxic Substance Control.

Dale C. Campbell, L. Burda Gilbert, Weintraub, Genshlea & Sproul, Sacramento, CA, for defendants Albert Campbell and Charles Tackman, as Executors of the Estate of Victor Muscat.

Francis M. Goldsberry, III, Diepenbrock, Wulff, Plant & Hannegan, Sacramento, CA, for defendant-appellee Chico City.

Before: BROWNING, PREGERSON, and HAWKINS, Circuit Judges.

PREGERSON, Circuit Judge:

This case arises from California's attempts to prompt the Defendants to clean up contamination caused by almost two decades of dumping hazardous chemicals onto the ground.1 We must decide whether the Eleventh Amendment immunizes one of the defendants, Western Resources, from being sued in federal court because Western Resources is a receiver appointed by a Connecticut state court. We hold that the Eleventh Amendment...

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