United States Eighth Circuit

District court judgment denying the State's motion to strike defendant's affirmative defenses and to dismiss its counterclaims is affirmed where: 1) by choosing to join in the Clean Water Act enforcement action as a plaintiff, the State of Missouri waived its sovereign immunity under the Eleventh Amendment; and 2) the district court did not err in refusing to dismiss the County's counterclaims or strike its related affirmative defenses.

Appellate Information

• Decided 06/09/2009
• Published 06/09/2009

Judges

• MURPHY, Circuit Judge., Before WOLLMAN, MURPHY, and JOHN R. GIBSON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John K. McManus, AAG, argued, Matthew Barton Briesacher, AAG, Joseph P. Bendbeutel, Senior Chief Counsel, Office of Attorney General, on the brief, Jefferson City, MO, for appellant.


• For Appellees:
  
• Thomas J. Grever, argued, Kansas City, MO, Terry J. Satterlee, David R. Erickson, Kansas City, MO, Robert F. Murray, John Gianoulakis, St. Louis, MO, on the brief, for appellee.