Foster v. Port Authority Trans-Hudson Corp., TRANS-HUDSON
| Decision Date | 26 April 1989 |
| Docket Number | D,TRANS-HUDSON,No. 704,704 |
| Citation | 873 F.2d 633 |
| Parties | Charles T. FOSTER, Plaintiff-Appellant, v. PORT AUTHORITYCORPORATION, Defendant-Appellee. ocket 88-7924. |
| Court | U.S. Court of Appeals — Second Circuit |
Appeal from an order of the United States District Court for the Southern District of New York (Miriam Goldman 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.
Richard W. Miller, Islip, N.Y. (Peter M.J. Reilly, O'Hagan and Reilly, Islip, N.Y., of counsel), for plaintiff-appellant.
Arthur P. Berg, New York City (Patrick J. Falvey, Anne M. Tannenbaum, New
York City, of counsel), for defendant-appellee.
Before KEARSE and WINTER, Circuit Judges, and SWEET, District Judge. *
This case raises precisely the same issue as that decided this day in Feeney v. Port Authority Trans-Hudson Corporation, (2d Cir.1989). 873 F.2d 628. We reverse and remand for the reasons stated in that opinion.
* The Hon. Robert W. Sweet, United States District Judge for the Southern District of New York, sitting by designation.
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Port Authoritycorporation v. Feeney
...established . . . by the United States" sets forth consent to suit in federal court. Pp. 304-309. 873 F.2d 628 (CA2 1989) and 873 F.2d 633 (CA2 1989), O'CONNOR, J., delivered the opinion for a unanimous Court with respect to Part I, and the opinion of the Court with respect to Part II, in w......