Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc., 506 U.S. 139, 4 (1993)

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142

PUERTO RICO AQUEDUCT AND SEWER AUTHORITY v. METCALF & EDDY, INC.

Opinion of the Court

petitioner did not qualify for immunity "because of its ability to raise funds for payment of its contractual obligations which do not affect the Commonwealth's funds" and denied the motion. App. to Pet. for Cert. A-9. PRASA filed a timely notice of appeal to the Court of Appeals for the First Circuit and sought to stay proceedings while the appeal was pending. The court denied the stay and subsequently dismissed the appeal for want of jurisdiction, 945 F. 2d 10, 14 (1991), concluding that First Circuit precedent barred both States and their agencies from taking an immediate appeal on a claim of Eleventh Amendment immunity. Id., at 12 (discussing Libby v. Marshall, 833 F. 2d 402 (CA1 1987)).

In light of the conflict between the decision below and those of the other Courts of Appeals that have considered the issue, we granted certiorari.2 503 U. S. 918 (1992).

II

Title 28 U. S. C. § 1291 provides for appeal from "final decisions of the district courts." Appeal is thereby precluded "from any decision which is tentative, informal or incomplete," as well as from any "fully consummated decisions, where they are but steps towards final judgment in which they will merge." Cohen v. Beneficial Industrial Loan Corp., 337 U. S., at 546. Nevertheless, a judgment that is

ter. Because the Court of Appeals dismissed the appeal on jurisdictional grounds, it did "not consider the merits of PRASA's Eleventh Amendment defense and [took] no view as to whether PRASA is actually entitled to the claimed immunity." 945 F. 2d 10, 14, n. 6 (CA1 1991). We likewise express no view on the merits of the immunity claim.

2 See Dube v. State University of New York, 900 F. 2d 587, 594 (CA2 1990), cert. denied, 501 U. S. 1211 (1991); Coakley v. Welch, 877 F. 2d 304, 305 (CA4), cert. denied, 493 U. S. 976 (1989); Chrissy F. v. Mississippi Dept. of Pub. Welfare, 925 F. 2d 844, 848-849 (CA5 1991); Kroll v. Board of Trustees of University of Illinois, 934 F. 2d 904, 906 (CA7), cert. denied, 502 U. S. 941 (1991); Barnes v. Missouri, 960 F. 2d 63, 64 (CA8 1992) (per curiam); Durning v. Citibank, N. A., 950 F. 2d 1419, 1422 (CA9 1991); Schopler v. Bliss, 903 F. 2d 1373, 1377 (CA11 1990) (per curiam).

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