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STATE v. PUBLIC INVESTORS, INC.

No. 93-5366.

35 F.3d 216 (1994)

STATE of Louisiana, Plaintiff-Appellee, v. PUBLIC INVESTORS, INC., et al., Defendants, v. Robert L. MARRERO, Trustee of the Bankruptcy Estate of Public Investors, Inc., Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 5, 1994.

Attorney(s) appearing for the Case

Edward H. Arnold, III, John M. Duck, Adams & Reese, New Orleans, LA, for appellant.

William L. Schuette, Jr., J. Rodney Ryan, Jr., Rachelle D. Dick, John B. Dunlap, Baton Rouge, LA, for State of La.

Before WISDOM, DAVIS and DUHÉ, Circuit Judges.

WISDOM, Circuit Judge:

The State of Louisiana sued a bankrupt insurance holding company, and the company's bankruptcy trustee filed a counterclaim. The State voluntarily dismissed its claim against the company. The district court then dismissed the trustee's counterclaim against the state, holding it barred by the State's Eleventh Amendment sovereign immunity and by the statutory "discretionary function" exception from liability of La.Rev.Stat. § 9:2798.1. The...

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