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IN RE PEGASUS GOLD CORP.

No. 03-15958.

394 F.3d 1189 (2005)

In re PEGASUS GOLD CORPORATION, et al., Debtor. The State of Montana; The State of Montana Department of Environmental Quality; The State of Montana Department of Administration, Risk Management Division; The Attorney General of the State of Montana; and Spectrum Engineering, Inc., Appellants, v. Harrison J. Goldin, in his capacity as liquidating trustee for the Pegasus Gold Corporation Liquidating Trust; and Reclamation Services Corporation, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 11, 2005.

Attorney(s) appearing for the Case

Brian M. Morris (argued), Office of the Montana Attorney General, Helena, MT, for the appellants.

Michael P. Richman (argued), Mayer, Brown, Rowe & Maw, LLP, New York, NY, and Edmond "Buddy" Miller (briefed), Downey, Brand, LLP, Reno, NV, for the appellees.

Before: RYMER and HAWKINS, Circuit Judges, and BREWSTER, Senior District Judge.

MICHAEL DALY HAWKINS, Circuit Judge:

We must decide difficult questions regarding the bankruptcy court's post-confirmation subject matter jurisdiction and the scope of a state's waiver of Eleventh Amendment immunity. We conclude that even though a bankruptcy court's post-confirmation "related to" jurisdiction is substantially more limited than its pre-confirmation jurisdiction, there is a sufficiently close nexus in this case between the current action and the original...

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