State Highway Commission v. Utah Construction Co.
278 U.S. 194 (1929)

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U.S. Supreme Court

State Highway Commission v. Utah Construction Co., 278 U.S. 194 (1929)

State Highway Commission of Wyoming v.

Utah Construction Company

No. 96

Argued December 6, 1928

Decided January 2, 1929

278 U.S. 194

Syllabus

1. Suit against the state Highway Commission and its members on a road construction contract executed by it in the name and on behalf of the state, held in effect a suit against the state. P. 278 U. S. 199.

2. The district court can have no jurisdiction on the ground of diverse citizenship of suit against a state. P. 278 U. S. 200.

23 F.2d 638, reversed; 16 id. 322 (district court), affirmed.

Certiorari, 277 U.S. 580, to a judgment of the circuit court of appeals reversing a judgment of the district court which dismissed for want of jurisdiction an action on a contract.

Page 278 U. S. 196

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