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PUEBLO v. EL PASO COUNTY WATER IMPROVEMENT DISTRICT NO. 1

No. 98-51203 Summary Calendar.

222 F.3d 208 (2000)

YSLETA DEL SUR PUEBLO, Plaintiff-Appellant, v. EL PASO COUNTY WATER IMPROVEMENT DISTRICT NO. 1, Defendant-Appellee. Southwestern Bell Telephone Company, Not Party.

United States Court of Appeals, Fifth Circuit.

April 10, 2000.

Attorney(s) appearing for the Case

Ronald Lee Jackson, Tom B. Diamond, Diamond, Rash, Gordon & Jackson, El Paso, TX, for Plaintiff-Appellant.

James M. Speer, El Paso, TX, Scott Warren Johnson, Pecos, TX, for Defendant-Appellee.

Before POLITZ, WIENER and STEWART, Circuit Judges.

PER CURIAM:

Plaintiff-Appellant The Ysleta Del Sur Pueblo ("Pueblo") appeals the district court's dismissal of its complaint against the El Paso County Water Improvement District No. 1 ("District") for lack of jurisdiction. The Pueblo argues that 1) the district court erred in determining that the District is the alter ego of the State of Texas and therefore immune to suit pursuant to the Eleventh Amendment, 2) Congress abrogated the State's Eleventh Amendment immunity...

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