# Durning v. CitiBank, N.A.

> Court of Appeals for the Ninth Circuit · December 9, 1991 · 950 F.2d 1419

URL: https://www.frixlaw.com/law-library/cases/8996244

## Case

- **Full name:** Jean C. DURNING, Marvin B. Durning v. CITIBANK, N.A., the First Boston Corporation, First Interstate Bank of Casper, and Wyoming Community Development Authority
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** December 9, 1991
- **Citations:** 950 F.2d 1419; 91 Daily Journal DAR 15029; 1991 U.S. App. LEXIS 28645; 1991 WL 256180
- **Precedential status:** Published
- **Opinion:** Dissent by Burns
- **Judges:** Burns, Scannlain, Wallace
- **Cited by:** 135 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8996244

## How later opinions describe it (automated extraction)

- stating that the Eleventh Amendment “bar[s] federal courts from deciding virtually any case in which a state or the ‘arm of a state’ is a defendant . . . unless the state has affirmatively consented to suit” (citations omitted)
- stating that the Eleventh Amendment bars “federal courts from deciding virtually any case in which a state or the ‘arm of a state’ is a defendant . . . unless the state has affirmatively consented to suit” (citations omitted)
- explaining that agencies that are arms of the state are entitled to the same immunity from suit as the state because “‘the state is the real, substantial party in interest’” (citation omitted)
- holding that a state law defining a community development authority as “body corpo- rate operating as a state instrumentality” indicated that it had “its own independent corporate identity”
- holding that a state law defining a community development authority as “body corporate operating as a state instrumentality” indicated that it had “its own independent corporate identity”

## Opinion text

BURNS, Senior District Judge,
dissenting:
I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8996244. Public record. Not legal advice.