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BELLE FONTAINE TOW. CO. v. DEPARTMENT OF HYS., STATE OF LA.

Civ. A. No. CA 67-535.

271 F.Supp. 60 (1967)

BELLE FONTAINE TOWING CO., Inc. and Old Colony Insurance Company, Plaintiffs, v. DEPARTMENT OF HIGHWAYS, STATE OF LOUISIANA, Defendant.

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

July 10, 1967.

Attorney(s) appearing for the Case

Joaquin Campoy, New Orleans, La., for plaintiffs.

Norman L. Sissin, Ben Norgress, Baton Rouge, La., Dept. of Highways, for defendant.

ON MOTION OF DEFENDANT TO DISMISS COMPLAINT

CASSIBRY, District Judge:

This matter came before the Court on June 21, 1967. Defendant, Department of Highways, State of Louisiana, has moved to dismiss this complaint on the ground that as a department of the Sovereign State of Louisiana it is immune from suit, except by its own consent and that such consent has not been granted. The motion will be denied.

Plaintiffs Belle Fontaine Towing Co., Inc., owner...

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