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United States First Circuit


ARECIBO CMTY. HEALTH CARE, INC. v. COMMONWEALTH OF PUERTO RICO, DEPT. OF HEALTH ANDTHE ADMIN. OF HEALTH SERV., 00-1774

The application of 11 USC 106(b) to the Commonwealth of Puerto Rico by virtue of its having filed a proof of claim in the bankruptcy court violates the Eleventh Amendment.

Appellate Information

  • Decided 04/05/2001
  • Published 04/05/2001

Judges

  • Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and CAMPBELL, Senior Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Leticia Casalduc-Rabell, Assistant Solicitor General, with whom Roberto J. Śanchez-Ramos, Solicitor General, and Vanessa Lugo-Flores, Deputy Solicitor General, were on brief, for appellants., Mark B. Stern, Attorney, Civil Division, Department of Justice, with whom Stuart E. Schiffer, Acting Assistant Attorney General, Guillermo Gil, United States Attorney, and H. Thomas Byron III, Attorney, Civil Division, Department of Justice, were on brief, for the United States of America, amicus curiae.

  • For Appellees:
  • Craig Goldblatt, with whom Anne Harkavy, Wilmer, Cutler & Pickering, Johnny Rivera-Gonźales, Igor J. Doḿinguez, and Carlos E. Rodriguez-Quesada, were on brief, for appellee.
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