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PILLSBURY CO. v. PORT OF CORPUS CHRISTI AUTHORITY

No. 94-20597.

66 F.3d 103 (1995)

The PILLSBURY COMPANY, INC., Plaintiff-Appellee, v. The PORT OF CORPUS CHRISTI AUTHORITY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Corrected December 15, 1995.

Attorney(s) appearing for the Case

Edward D. Burbach, George H. Lugrin, IV, Griggs & Harrison, Houston, TX, for appellant.

Daniel B. Shilliday, David H. Brown, Vinson & Elkins, Houston, TX, for amicus curiae Port of Corpus Christi Authority.

Dana K. Martin, Robert G. Moll, Hill, Rivkins, Loesberg, O'Brien, Mulroy & Hayden, Houston, TX, for appellant.

Before JOLLY, BENAVIDES, Circuit Judges, and SHAW, District Judge.

BENAVIDES, Circuit Judge:

Defendant-Appellee The Port of Corpus Christi Authority ("Corpus Port") appeals the district court's denial of its motion to dismiss for lack of diversity jurisdiction and/or motion for summary judgment alleging that it is an "arm of the State of Texas" entitled to Eleventh Amendment immunity and not a "citizen" for purposes of diversity jurisdiction. We reverse the district court's ruling and dismiss for lack of jurisdiction.

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