United States Ninth Circuit

In a contract dispute, plaintiff's claims against the State do not arise out of the same transaction as the State's original proofs of claims, and therefore the State has not waived its Eleventh Amendment immunity.

Appellate Information

• Argued 11/05/2004
• Decided 01/11/2005
• Published 01/11/2005

Judges

• MICHAEL DALY HAWKINS, Circuit Judge:, Before:  RYMER and HAWKINS, Circuit Judges, and BREWSTER, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Brian M. Morris (argued), Office of the Montana Attorney General, Helena, MT, for the appellants.


• For Appellees:
  
• Michael P. Richman (argued), Mayer, Brown, Rowe & Maw, LLP, New York, NY, and Edmond “Buddy” Miller (briefed), Downey, Brand, LLP, Reno, NV, for the appellees.