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

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT

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. 199.

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