Central Reserve Life Of North America Insurance Company v. Larry D..

852 F.2d 1158 CENTRAL RESERVE LIFE OF NORTH AMERICA INSURANCE COMPANY, Plaintiff-Appellant, v. Larry D. STRUVE, Director of Commerce, State of Nevada; David A. Gates, Commissioner of Insurance, State of Nevada, Defendants-Appellees. No. 87-1830. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1988. Decided July 26, 1988. Vernon E. Leverty, Miller & Darr, Reno, Nev., for plaintiff-appellant. J. Gregory Damm, Chief Deputy Atty. Gen., Carson City, Nev., for defendant-appellee Struve. James C. Smith, Deputy Atty. Gen., Carson City, Nev., for defendant-appellee Gates. Appeal from the United States District Court for the District of Nevada. Before CHAMBERS, NOONAN and O'SCANNLAIN, Circuit Judges. O'SCANNLAIN, Circuit Judge: 1 In this appeal and the case of Bair v. Walquist, 853 F.2d 672 , (9th Cir. 1988), we are called upon to outline the scope and extent of eleventh amendment immunity as it relates to situations in which a state has not been named as a party defendant. Although the bases of jurisdiction in the two cases are different, the issues presented and the analyses set forth are similar. FACTS 2 Central Reserve Life of North America Insurance…