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JACINTOPORT CORP. v. GR. BATON ROUGE PORT COM'N

No. 84-3365.

762 F.2d 435 (1985)

JACINTOPORT CORP., Plaintiff-Appellant, v. GREATER BATON ROUGE PORT COMMISSION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 29, 1985.

Attorney(s) appearing for the Case

Charles D. Marshall, Jr., Andrew Podolnick, New Orleans, La., for plaintiff-appellant.

Fred Belcher, Jr., Baton Rouge, La., for defendant-appellee.

Before WISDOM, REAVLEY, and RANDALL, Circuit Judges.

WISDOM, Circuit Judge:

This appeal presents the question whether the Greater Baton Rouge Port Commission is entitled to immunity from suit in federal court by virtue of the Eleventh Amendment. The district court, 599 F.Supp. 21, ruled that the Commission is entitled to immunity from suit. The court felt bound by Miller v. Greater Baton Rouge Port Commission, 1954, 225 La. 1905, 74 So.2d 387<...

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