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BENZ v. NEW YORK STATE THRUWAY

No. 234.

369 U.S. 147 (1962)

82 S.Ct. 674

7 L.Ed.2d 634

BENZ v. NEW YORK STATE THRUWAY AUTHORITY.

Supreme Court of United States.

Decided March 19, 1962.

Attorney(s) appearing for the Case

Lauren D. Rachlin argued the cause and filed briefs for petitioner.

Julius L. Sackman argued the cause for respondent. With him on the briefs were Louis J. Lefkowitz, Attorney General of New York, and Paxton Blair, Solicitor General.

PER CURIAM.

We granted certiorari in this case, 368 U.S. 886, to decide whether the State of New York could, consistently with the Fourteenth Amendment, assert sovereign immunity in a suit brought by petitioner to reform on grounds of mutual mistake, or to rescind for fraud in the inducement, an agreement fixing compensation for land taken under the power of eminent domain. Contrary to our initial impression of the case on the basis of the petition for certiorari...

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