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TAYLOR v. WESTLY

No. 02-16511.

402 F.3d 924 (2005)

Chris Lusby TAYLOR; Nancy A. Pepple-Gonsalves, Plaintiffs-Appellants, v. Steve WESTLY, in his capacity as Controller of the State of California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 29, 2005.

Attorney(s) appearing for the Case

William W. Palmer, Sacramento, CA, for the appellants.

Robin B. Johansen, Remcho, Johansen & Purcell, San Leandro, CA, for the appellee.

Before: CUDAHY, BEEZER, and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge.

Persons whose stock was escheated to the state sued to get it back. The district court held that the Eleventh Amendment barred their claims. We disagree.

Facts.

The dismissal was for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1).1 No material disputes of fact have been asserted as to jurisdiction, and the district court acted on the basis of what the...

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