32
Opinion of the Court
Hugh H. Welsh argued the cause for respondent. With him on the brief were Arthur P. Berg, Donald F. Burke, and Anne M. Tannenbaum.*
Justice Ginsburg delivered the opinion of the Court. These paired cases arise out of work-related accidents in which a locomotive engineer and a train conductor, employees of a bistate railway authorized by interstate compact, sustained personal injuries. The courts below—the United States District Court for the District of New Jersey, and the United States Court of Appeals for the Third Circuit— rejected both complaints on the ground that the Eleventh Amendment sheltered respondent railway from suit in federal court. We granted certiorari to resolve an intercircuit conflict on this issue. 510 U. S. 1190 (1994). Concluding that respondent bistate railway, the Port Authority Trans-Hudson Corporation (PATH), is not cloaked with the Elev-*William G. Mahoney and L. Pat Wynns filed a brief for the Railway Labor Executives' Association as amicus curiae urging reversal.
Briefs of amici curiae urging affirmance were filed for the State of New Jersey et al. by Deborah T. Poritz, Attorney General of New Jersey, Andrea M. Silkowitz, Robert H. Stoloff, and Mary Jacobson, Assistant Attorneys General, and Eldad Philip Isaac, Deputy Attorney General, joined by the Attorneys General for their respective jurisdictions as follows: G. Oliver Koppell of New York, James H. Evans of Alabama, Winston Bryant of Arkansas, Gale A. Norton of Colorado, Richard Blumenthal of Connecticut, Michael J. Bowers of Georgia, Robert A. Marks of Hawaii, Larry EchoHawk of Idaho, Roland W. Burris of Illinois, Pamela Carter of Indiana, Robert T. Stephen of Kansas, Chris Gorman of Kentucky, Richard P. Ieyoub, Jr., of Louisiana, J. Joseph Curran, Jr., of Maryland, Scott Harshbarger of Massachusetts, Hubert H. Humphrey III of Minnesota, Mike Moore of Mississippi, Joseph P. Mazurek of Montana, Frankie Sue Del Papa of Nevada, Tom Udall of New Mexico, Michael F. Easley of North Carolina, Lee Fisher of Ohio, Susan B. Loving of Oklahoma, Theodore R. Kulongoski of Oregon, Ernest D. Preate, Jr., of Pennsylvania, T. Travis Medlock of South Carolina, Mark Barnett of South Dakota, Jeffrey L. Amestoy of Vermont, James S. Gilmore III of Virginia, and James E. Doyle of Wisconsin; and for the Council of State Governments et al. by Richard Ruda and Clifton S. Elgarten.
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