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WCI CABLE, INC. v. ALASKA R.R. CORP.

No. CIV.02-179-BR.

285 B.R. 476 (2002)

WCI CABLE, INC.; Worldnet Communications, Inc.; Alaska Fiber Star, L.L.C.; WCI Lightpoint, L.L.C.; and WCIC Hillsboro, L.L.C., Plaintiffs, v. ALASKA RAILROAD CORPORATION; Alaska Railroad Corporation Board of Directors; Patrick Gamble, in his official capacity as President and CEO of Alaska Railroad Corporation; and Jacob Adams, Jack Burton, Carl H. Marrs, Joe Perkins, Deborah Sedwick in their official capacities as members of the Board of the Alaska Railroad Corporation, Defendants.

United States District Court, D. Oregon.

March 22, 2002.

Attorney(s) appearing for the Case

Fred M. Granum, Jonathan E. Cohen, Bullivant Houser Bailey PC, Portland, OR, David R. Goodnight, David M. Jacobson, Dorsey & Whitney LLP, Seattle, WA, Heather H. Grahame, Dorsey & Whitney LLP, Anchorage, AK, for Plaintiffs.

Mary Jo Heston, Lane Powell Spears Lubersky LLP, Seattle, WA, Lee C. Nusich, Lane Powell Spears Lubersky LLP, Portland, OR, Fredric W. Kessler, Nossaman, Guthner, Knox Elliott, LLP, Los Angeles, CA, for Defendants.

OPINION AND ORDER

BROWN, District Judge.

This matter comes before the Court on Defendants' Motion for Stay Pending Appeal of Eleventh Amendment Immunity Issue (# 37). For the reasons that follow, the Court DENIES Defendants' Motion.

PROCEDURAL BACKGROUND

This action originated in the United States Bankruptcy Court for the District of Oregon. Plaintiffs are an affiliated...

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