United States Tenth Circuit
MAGNOLIA MARINE TRANSP. CO. v. STATE OF OKLAHOMA, 03-7023
District court properly denied a motion to dismiss, on the basis of state sovereign immunity, tugboat owner's petition for limitation of liability under admiralty law. Eleventh Amendment immunity is not implicated here, because the limitation proceeding is not a suit against the state.
Appellate Information
- Decided 05/03/2004
- Published 05/03/2004
Judges
- SEYMOUR, Circuit Judge., Before SEYMOUR, McKAY, and O'BRIEN, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Greg S. Eldridge, Assistant Attorney General (E. Clyde Kirk, Assistant Attorney General, with him on the briefs), Litigation Section, State of Oklahoma, for Movant-Appellant.
- For Appellees:
- Michael Burrage of Burrage Law Firm, Durant, Oklahoma (Sean Burrage of Taylor, Burrage, Foster, Mallett, Downs & Ramsey, Claremore, OK, with him on the brief), for Petitioner-Appellee.