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.
United States Court of Appeals, Ninth Circuit.
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.
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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