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ROCKWELL v. NEW JERSEY TRANSIT RAIL OPERATIONS

Civ. No. 84-4214.

682 F.Supp. 280 (1988)

William ROCKWELL, Plaintiff, v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC., Defendant.

United States District Court, D. New Jersey.

March 24, 1988.

Attorney(s) appearing for the Case

Curran & Hannaway by Frank Baldo, Philadelphia, Pa., for plaintiff.

W. Cary Edwards, Atty. Gen. of New Jersey by Emerald L. Erickson, Trenton, N.J., for defendant.

OPINION

CLARKSON S. FISHER, District Judge.

Before the court is a motion to dismiss the action for lack of subject matter jurisdiction brought by the defendant, New Jersey Transit Rail Operations, Inc. (hereafter "New Jersey Transit"). Specifically, defendant argues that the Eleventh Amendment of the United States Constitution bars the present suit.

The Eleventh Amendment states:

The judicial power of the United States shall not be construed...

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