United States Ninth Circuit

The state of Arizona waived its sovereign immunity by making a tactical decision not to immediately raise it in answering a complaint, thus a debtor's obligation to the state was properly discharged in bankruptcy.

Appellate Information

• Argued 06/12/2002
• Decided 07/19/2002
• Published 07/19/2002

Judges

• Before:  LAY,THOMPSON and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Denise A. Faulk, Assistant Attorney General, Phoenix, Arizona, for the appellant., Susan M. Freeman, Lewis and Roca, Phoenix, AR, for the amicus.


• For Appellees:
  
• Ronald J. Ellett, Ellett Law Offices, Phoenix, AR, for the appellee.