United States Tenth Circuit

In a declaratory judgment action brought by the primary insurer for the Grand River Dam Authority (GRDA) involving coverage for underlying suits against the GRDA for damages related to a series of flood incidents, dismissal of primary and excess insurers' claims is affirmed as the GRDA is a state agency entitled to Eleventh Amendment immunity, and it has not waived its immunity.

Appellate Information

• Decided 11/20/2007
• Published 11/20/2007

Judges

• BALDOCK, Circuit Judge., Before KELLY, BALDOCK, and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• George W. Dahnke (Sarah J. Timberlake with him on the brief), Abowitz, Timberlake & Dahnke, P.C., Oklahoma City, OK, for Appellant.


• For Appellees:
  
• Galen L. Brittingham (Michael P. Atkinson with him on the brief), Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, Tulsa, OK, for Appellee.