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WILLIAM C. POPPER & CO. v. PENNSYLVANIA LIQUOR CONTROL BOARD

No. 9267.

16 F.Supp. 762 (1936)

WILLIAM C. POPPER & CO. v. PENNSYLVANIA LIQUOR CONTROL BOARD et al.

District Court, E. D. Pennsylvania.

April 28, 1936.

Attorney(s) appearing for the Case

Zachary T. Wobensmith, 2d, and James C. Wobensmith, both of Philadelphia, Pa., for plaintiff.

Thomas I. Guerin, Sp. Deputy Atty. Gen., and Charles J. Margiotti, Atty. Gen., for defendants.

KIRKPATRICK, District Judge.

This is a suit for patent infringement. The plaintiff is a New York corporation. The defendant is the Pennsylvania Liquor Control Board, sued as a body and not as a group of individuals, although the names of the members are added to the caption. The defendant has moved to dismiss.

The Eleventh Amendment to the Constitution divests the courts of the United States of jurisdiction of suits against any state by citizens of another...

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