James W. White and Intrepid Production Company v. State of Alaska, Oil and Gas Conservation Commission

46 F.3d 1149 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James W. WHITE and Intrepid Production Company, Plaintiffs-Appellants, v. STATE OF ALASKA, Oil and Gas Conservation Commission, et al., Defendants-Appellees. No. 93-35646. United States Court of Appeals, Ninth Circuit. Submitted: Nov. 18, 1994. * Decided: Jan. 5, 1995. 1 Before: ALARCON, HALL, Circuit Judges and KING, ** District Judge. 2 MEMORANDUM *** 3 James W. White and Intrepid Production Company appeal from the district court's dismissal of their section 1983 action and the denial of their motion for reconsideration on Eleventh Amendment and qualified immunity grounds. We affirm. I. 4 Defendants filed a motion to dismiss this action pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(2). The motion was a facial attack on jurisdiction, based principally on the argument that plaintiffs' suit was barred by sovereign immunity. Thus, the question is whether the allegations of the complaint, taken as…