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INTRACOASTAL TRANSP., INC. v. DECATUR COUNTY, GEORGIA

No. 72-2700.

482 F.2d 361 (1973)

INTRACOASTAL TRANSPORTATION, INC., and Anderson Marine Construction, Inc., Plaintiffs-Appellees, v. DECATUR COUNTY, GEORGIA, et al., Defendants, Department of Transportation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 28, 1973.

Attorney(s) appearing for the Case

William B. Brown, Asst. Atty. Gen., Arthur K. Bolton, Atty. Gen., Harold N. Hill, Executive Asst. Atty. Gen., Marion O. Gordon, Asst. Atty. Gen., Atlanta, Ga., for defendant-appellant.

Ben Kirbo, Bainbridge, Ga., for plaintiffs-appellees.

Harold Lambert, Bainbridge, Ga., for Decatur County.

Before WISDOM, GEWIN and COLEMAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 28, 1973.

GEWIN, Circuit Judge:

In this admiralty action, the State of Georgia appeals pursuant to 28 U.S.C. § 1292(b) from the district court's denial of its motion to dismiss on the grounds of sovereign immunity. After a careful review of the applicable law, we conclude that Georgia was entitled to avail itself of the sovereign immunity defense, and therefore reverse.1

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