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REDONDO CONST. v. PUERTO RICO HIGHWAY AND TRANSP.

No. 03-1587.

357 F.3d 124 (2004)

REDONDO CONSTRUCTION CORP., Plaintiff, Appellee, v. PUERTO RICO HIGHWAY AND TRANSPORTATION AUTHORITY, Defendant, Appellant, Hon. José M. Izquierdo, Secretary of the Department of Transportation and Public Works in his Official Capacity; Puerto Rico Public Buildings Authority; Hon. Ileana Echegoyen, in her Individual and Official Capacity as Secretary of the Puerto Rico Department of Housing; Conjugal Partnership Doe-Echegoyen; Hon. Carlos G. Laboy, in his Individual and Official Capacity as Administrator of the Puerto Rico Housing Administration; Conjugal Partnership Laboy-Doe; Hon. Yolanda Zayas, Secretary of the Puerto Rico Department of the Family in her Official Capacity; the Hon. Governor of the Commonwealth of Puerto Rico; Dr. Fernando Fagundo; Conjugal Partnership Fagundo-Doe; David Montañez-Dones; Conjugal Partnership Montañez-Doe; José Lluch-García; Conjugal Partnership Lluch-Doe, Defendants.

United States Court of Appeals, First Circuit.

Decided February 6, 2004.

Attorney(s) appearing for the Case

María P. García-Incera, with whom Luis A. Rivera-Cabrera and Luis A. Rivera-Cabrera, P.S.C., were on brief, for appellant.

Luis Cotto-Román, with whom Yolanda Benítez de Alegría and Yolanda Benítez Law Offices, P.S.C., were on brief, for appellee.

Before TORRUELLA, LYNCH and HOWARD, Circuit Judges.

TORRUELLA, Circuit Judge.

Defendant-Appellant Puerto Rico Highway and Transportation Authority ("the Authority") appeals the district court's denial of its claim of Eleventh Amendment immunity as an arm of the state.1 After careful review, we affirm.

I. Background

On December 14, 2001, plaintiff-appellee Redondo Construction Company ("Redondo") filed a complaint against the Authority and other defendants...

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