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GRIMSHAW v. SOUTH FLORIDA WATER MANAGEMENT DIST.

No. 00-9134-CIV.

195 F.Supp.2d 1358 (2002)

Herbert J. GRIMSHAW, Plaintiff, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, Defendant.

United States District Court, S.D. Florida.

February 7, 2002.

Attorney(s) appearing for the Case

Isidro Manuel Garcia, Maria Kate Boehringer, Garcia, Elkins & Carbonell, West Palm Beach, FL, for plaintiff.

James Edward Nutt, South Florida Water Management District, West Palm Beach, FL, for defendant.

ORDER ON MOTION TO DISMISS, OR IN THE ALTERNATIVE, SUMMARY JUDGMENT

MIDDLEBROOKS, District Judge.

I. INTRODUCTION

This is a case about federalism, governmental structure and control, and water. The issue presented is whether the South Florida Water Management District (the "District" or "SFWMD") is immune from suit in federal court by reason of the Eleventh Amendment to the United States Constitution. The Judges of this district have reached opposite...

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