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IN RE SACRED HEART HOSP. OF NORRISTOWN

Civil Action Nos. 96-6172, 96-6286.

204 B.R. 132 (1997)

In re SACRED HEART HOSPITAL OF NORRISTOWN, etc., Debtor. SACRED HEART HOSPITAL OF NORRISTOWN, etc., Plaintiff/Appellee, v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, Defendant/Appellant.

United States District Court, E.D. Pennsylvania.

January 17, 1997.

Attorney(s) appearing for the Case

Matthew M. Strickler, Vincent J. Marriott, III, Ballard, Spahr, Andrews and Ingersoll, Philadelphia, PA, for Sacred Heart Hosp. of Norristown.

Sacred Heart Hosp. of Norristown, Norristown, PA, pro se. in No. 96-CV-6286.

Neal D. Colton, Cozen and O'Connor, Philadelphia, PA, for Official Committee of Unsecured Creditors.

Lesley S. Oakes, Robert E. Slavkin, Harrisburg, PA, Thomas J. Blazusiak, Office of Legal Counsel, Dept. of Public Welfare, Harrisburg, PA, for Commonwealth of Pennsylvania, Dept. of Public Welfare.

Frederic J. Baker, Trustee, Philadelphia, PA.

MEMORANDUM & ORDER

DITTER, District Judge.

There are two questions in this case: (1) Does the Bankruptcy Clause of the Constitution give Congress the authority to abrogate the states' sovereign immunity granted by the Eleventh Amendment? and (2) Does a claim by a state agency against a bankruptcy estate waive the state's right to Eleventh Amendment immunity as to an unrelated claim made by the bankruptcy estate against another state agency? I...

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