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PREBENSEN & BLAKSTAD v. BOARD OF COMMISSIONERS

No. 6725.

241 F.Supp. 757 (1965)

PREBENSEN & BLAKSTAD, Libelant, v. BOARD OF COMMISSIONERS OF the PORT OF NEW ORLEANS and T. Smith & Son, Inc., Respondents.

United States District Court E. D. Louisiana, New Orleans Division.

May 20, 1965.

Attorney(s) appearing for the Case

Terriberry, Rault, Carroll, Yancey & Farrell, M. D. Yager, New Orleans, La., for libelant.

Phelps, Dunbar, Marks, Claverie & Sims, Harry S. Redmon, Jr., New Orleans, La., for Board of Com'rs of Port of New Orleans.

Lemle & Kelleher, Thomas W. Thorne, Jr., New Orleans, La., for T. Smith & Son, Inc.

AINSWORTH, District Judge:

Presented for decision in this case is the applicability of the sovereign immunity provisions of the Eleventh Amendment to the Federal Constitution, in regard to the Board of Commissioners of the Port of New Orleans, an agency of the State of Louisiana.

Libelant, Prebensen & Blakstad, as owner of the Norwegian SS FOLKE BERNADOTTE has alleged (and for the purposes of this motion it is taken as true1

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