ARECIBO COMMUNITY HEALTH CARE, INC., Plaintiff, Appellee,
v.
COMMONWEALTH OF PUERTO RICO, Department of Health and the Administration of Health Services, Defendants, Appellants,
Carlos E. Rodríguez-Quesada, Trustee, Appellee.
United State of America, Intervenor, Appellee.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard March 6, 2001.
Decided October 29, 2001.
Attorney(s) appearing for the Case
Leticia Casalduc-Rabell, Assistant Solicitor General, with whom Roberto J. Sánchez-Ramos, Solicitor General, and Vanessa Lugo-Flores, Deputy Solicitor General, were on brief, for appellants.
Craig Goldblatt, with whom Anne Harkavy, Wilmer, Cutler & Pickering, Johnny Rivera-Gonzáles, Igor J. Domínguez, and Carlos E. Rodríguez-Quesada, were on brief, for appellee.
Mark B. Stern, Attorney, Civil Division, Department of Justice, with whom Stuart E. Schiffer, Acting Assistant Attorney General, Guillermo Gil, United States Attorney, and H. Thomas Byron III, Attorney, Civil Division, Department of Justice, were on brief, for the United States of America, amicus curiae.
Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and CAMPBELL, Senior Circuit Judge.
United States Court of Appeals, First Circuit.
OPINION ON REHEARING
TORRUELLA, Circuit Judge.
This appeal requires us to determine the validity of § 106(b) of the Bankruptcy Code, 11 U.S.C. § 106(b),1 in light of the Supreme Court's most recent Eleventh Amendment jurisprudence.2 Upon initial review, we concluded that § 106(b) was constitutionally infirm. After rehearing and helpful supplemental briefing, however, we reach a different...
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