BARRY v. FORDICE

Civ. A. No. J92-0559(W)(C).

814 F.Supp. 511 (1992)

David J. BARRY, Donald J. Burns, Frederick P. Seabrook, and Michael R.F. Wilkins, Plaintiffs, v. Governor Kirk FORDICE, in his capacity as Chairman and Commissioner of the State Bond Retirement Commission and in his capacity as Commissioner of the State Bond Commission; Attorney General Mike Moore, in his capacity as Secretary and Commissioner of the State Bond Retirement Commission and in his capacity as Commissioner of the State Bond Commission; Treasurer Marshall Bennett, in his capacity as Commissioner of the State Bond Retirement Commission and in his capacity as Commissioner of the State Bond Commission; Auditor Steve Patterson, in his capacity as Advisor to the State Bond Commission; and Tax Commission Chairman Ed Buelow, Jr., in his capacity as Advisor to the State Bond Commission, Defendants.

United States District Court, S.D. Mississippi, Jackson Division.

December 3, 1992.


Attorney(s) appearing for the Case

Paul M. Neville, Jackson, MS, for plaintiffs.

T. Hunt Cole, Jr., Office of Atty. Gen., Jackson, MS, for defendants.


ORDER GRANTING DEFENDANTS' MOTION TO DISMISS FOR LACK OF JURISDICTION

WINGATE, District Judge.

Before the court is the motion of defendants, pursuant to Rule 12(b)(1)1 of the Federal Rules of Civil Procedure, to dismiss this action for want of subject matter jurisdiction. Defendants contend that since the real substantial party in interest in this lawsuit is the State of Mississippi, the Eleventh Amendment2...

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