United States First Circuit
Brait Builders Corp. v. Commonwealth of Massachusetts, 09-2502
In a 42 U.S.C. section 1983 dispute arising from a decertification order issued by defendant suspending plaintiff from bidding on public contracts, Rule 12(b)(6) dismissal on the ground that the interests asserted by plaintiff were not protected property interests is reversed, where dismissals for lack of jurisdiction, pursuant to the Eleventh Amendment, is the proper basis for dismissal.
Appellate Information
- Decided 05/02/2011
- Published 05/02/2011
Judges
- TORRUELLA
Court
- United States First Circuit
Counsel
- For Appellant:
- John J. McNamara, Daniel G. Cromack