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BANK OF LAKE TAHOE v. BANK OF AMERICA

No. 01-16239.

318 F.3d 914 (2003)

BANK OF LAKE TAHOE; Joseph Bourdeau, Plaintiffs-Appellants, v. The BANK OF AMERICA; State of Nevada, Financial Institutions Division; Robert Geerhart, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 29, 2003.

As Amended on Denial of Rehearing and Rehearing March 14, 2003.

Attorney(s) appearing for the Case

Marie Mirch and Kevin J. Mirch, Reno, NV, for the plaintiffs-appellants.

Frankie Sue Del Papa, Attorney General, and Mark J. Krueger, Deputy Attorney General, Carson City, NV, for State of Nevada, Financial Institutions Division, and Robert Geerhart, defendants-appellees.

Before McKEOWN and PAEZ, Circuit Judges, and POLLAK, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc March 14, 2003.

OPINION

McKEOWN, Circuit Judge.

We consider in this case whether the state of Nevada waived its Eleventh Amendment immunity by removing a lawsuit from state to federal court. We address this question only in the context of claims brought under state law because no valid federal claims have been brought against Nevada. Bound by the Supreme...

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