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· 5/2/1988

Westinghouse Electric Corporation, a Corporation v. The West Virginia Department of Highways, a Corporation, (Two Cases)

Citations

  • 845 F.2d 468
  • 1988 U.S. App. LEXIS 5794

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that § 29-12-5 “can, at most, be construed as waiving the state’s immunity from suit in state court” not federal court
  • stating “a claim against the West Virginia Department of Highways is, for eleventh amendment purposes, properly considered one against the state itself’ (citation omitted)
  • Eleventh Amendment immunity found even though statute in question contained provisions denying a defense of “constitutional immunity”

Source: CourtListener parenthetical corpus (CC0).

Judges: Russell, Phillips, Butzner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.