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BETHEL NATIVE CORP. v. DEPARTMENT OF INTERIOR

No. 98-35316.

208 F.3d 1171 (2000)

BETHEL NATIVE CORP., an Alaska Native Village Corp., Plaintiff, v. DEPARTMENT OF THE INTERIOR; Bruce Babbitt, Secretary of the Interior; Bureau of Indian Affairs; Niles Cesar, Regional Administrator of the Bureau of Indian Affairs; Ada Deer, Assistant Secretary of the Interior for Indian Affairs, Defendants, v. United States of America, Defendant-Third-Party-Plaintiff-Appellee, v. State of Alaska, Third-Party-Defendant-Appellant, and City of Bethel; Southwest Fuels, Inc.; Michael S. Shantz; Ben Dale, Third-Party-Defendants.

United States Court of Appeals, Ninth Circuit.

Resubmitted March 20, 2000.

Filed April 6, 2000.

Attorney(s) appearing for the Case

James E. Cantor, Assistant Attorney General, Department of Law, Anchorage, Alaska, for the third-party defendant-appellant.

Kathleen Moriarty Mueller and Robert M. Loeb, United States Department of Justice, Washington, D.C., for the defendant-third-party plaintiff-appellee.

Before: REAVLEY, GRABER, and McKEOWN, Circuit Judges.

GRABER, Circuit Judge:

We are called upon to decide whether the Eleventh Amendment bars the United States from asserting a third-party claim for equitable apportionment of tort liability against a state, when the plaintiff filed an original action in federal court against the United States under the Federal Tort Claims Act (FTCA). We conclude that Eleventh Amendment immunity does not extend to third-party claims brought by the United States against a state in this...

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