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MORRISON-KNUDSEN CO. v. MASSACHUSETTS BAY TRANSP.

Civ. No. 83-1124.

573 F.Supp. 698 (1983)

MORRISON-KNUDSEN COMPANY INC., a Delaware corporation, Plaintiff, v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, a body politic and corporate organized under the laws of Massachusetts, Defendant.

United States District Court, D. Idaho.

November 7, 1983.

Attorney(s) appearing for the Case

John T. Hawley, and P. Craig Storti, Hawley, Troxell, Ennis & Hawley, Richard J. McCain, Asst. General Counsel, Morrison-Knudsen Company, Boise, Idaho, for plaintiff.

Blaine Evans, John S. Simko, Elam, Burke, Evans, Boyd & Koontz, Boise, Idaho, for defendant.

MEMORANDUM OPINION AND ORDER

RYAN, District Judge.

Defendant's Motion to Dismiss is properly before this court. Defendant, Massachusetts Bay Transportation Authority ("the Authority"), brings this motion to dismiss Plaintiff Morrison-Knudsen's ("MK") suit asserting this court lacks proper federal jurisdiction. Defendant posits two arguments in support of its motion. First, defendant asserts that it is a dependent arm of the sovereign Commonwealth of Massachusetts...

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