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JACOBS WIND ELECT. v. FLORIDA DEPT. OF TRANSP.

No. 90-1251.

919 F.2d 726 (1990)

JACOBS WIND ELECTRIC COMPANY, INC., and Paul R. Jacobs, Plaintiffs-Appellants, v. FLORIDA DEPARTMENT OF TRANSPORTATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 20, 1990.

Attorney(s) appearing for the Case

Jerry Berkstresser, Shoemaker & Mattare, Ltd., Arlington, Va., argued for plaintiffs-appellants.

Gregory G. Costas, Appellate Atty., Fla. Dept. of Transp., Tallahassee, Fla., argued for defendant-appellee. With him on the brief was Thornton J. Williams.

Before NIES, Chief Judge, and NEWMAN and LOURIE, Circuit Judges.

NIES, Chief Judge.

Jacobs Wind Electric Company, Inc., and Paul R. Jacobs appeal from the order of the United States District Court for the Middle District of Florida in Jacobs Wind Elec. Co., Inc. v. Florida Dep't of Transp., No. 89-411-CIV-T-13B, slip op. (Feb. 8, 1990) (Castagna, J.) dismissing their suit for patent infringement against the State of Florida's Department of Transportation on the ground that Florida is immune from suit by reason of the Eleventh...

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