COASTAL HOLDING & LEAS. v. MARYLAND ENVIRONMENTAL

No. CIV L-05-405.

420 F.Supp.2d 441 (2006)

COASTAL HOLDING & LEASING, INC. Plaintiff, v. MARYLAND ENVIRONMENTAL SERVICE Defendant.

United States District Court, D. Maryland.

March 13, 2006.


Attorney(s) appearing for the Case

Murray I. Resnick, Resnick Abraham and Schwartzman LLC, Baltimore, MD, for Plaintiff.

Crystal Robbie Chissell, Office of the Attorney General, Millersville, MD, for Defendant.


MEMORANDUM

LEGG, Chief Judge.

I. INTRODUCTION

This case tests whether the Maryland Environmental Service ("MES"), a corporation created by state statute and subject to extensive state oversight, is immune to suit in federal court under the Eleventh Amendment to the United States Constitution. Although the issue is not free from doubt, this Court, applying the prescribed test, concludes that MES is an instrumentality of the State...

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