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Foster v. Port Authority

decided: April 26, 1989.

CHARLES T. FOSTER, PLAINTIFF-APPELLANT,
v.
PORT AUTHORITY TRANS-HUDSON CORPORATION, DEFENDANT-APPELLEE



Appeal from an order of the United States District Court for the Southern District of New York (Miriam G. Cedarbaum, Judge) granting defendant's motion for judgment pursuant to Fed. R. Civ. P. 12(c). We conclude that the immunity provided to the states by the Eleventh Amendment does not extend to the defendant. We therefore reverse.

Before: KEARSE and WINTER, Circuit Judges, and SWEET, District Judge.*fn*

Per Curiam:

This case raises precisely the same issue as that decided this day in Feeney v. Port Authority Trans-Hudson Corporation, No. 88-7797 (2d Cir. 1989). We reverse and ...


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