PYCA INDUSTRIES v. HARRISON COUNTY WASTE MNGMT.

Nos. 94-60800, 95-60091.

81 F.3d 1412 (1996)

PYCA INDUSTRIES, INC., Plaintiff-Appellee Cross-Appellant, and D. Reynolds Company, Inc., doing business as Reynolds Company, The, Plaintiff, v. HARRISON COUNTY WASTE WATER MANAGEMENT DISTRICT, Defendant-Appellant Cross-Appellee, and Owen and White, Inc.; Max Foote Construction Company, Inc.; Fidelity and Deposit Company of Maryland, Defendants-Appellees. PYCA INDUSTRIES, INC.; D. Reynolds Company, Inc., doing business as Reynolds Company, The, Plaintiffs-Appellees. v. HARRISON COUNTY WASTE WATER MANAGEMENT DISTRICT, Defendant-Appellant, and Owen and White, Inc.; Max Foote Construction Company, Inc.; Fidelity and Deposit Company of Maryland, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 3, 1996.


Attorney(s) appearing for the Case

E. Stephen Williams, Young, Scanlon and Sessums, Jackson, MS, for PYCA Industries, Inc.

Rodney Douglas Robinson, Gulfport, MS, for D. Reynolds Co., Inc.

Cynthia Ann Brown, Gary Eugene White, James B. Wright, Jr., Blackwell and White, Gulfport, MS, for Harrison Cty. Waste Water Management Dist.

Patrick Holt Zachary, Dorrance L. Aultman, Carol Ann Estes, Aultman, Tyner, McNeese & Laird, Hattiesburg, MS, for Owen & White, Inc.

Christopher J. Solop, Luther Smith Ott, Ronald Alton Yarbrough, David Wayne Case, Ott & Purdy, Jackson, MS, for Max Foote Const. Co., Inc. and Fidelity & Deposit Co. of Maryland.

Before JOLLY, JONES and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

The central issues of these interlocutory appeals are whether the Harrison County Wastewater Management District ("the District") is a citizen for diversity jurisdiction purposes and, if so, whether under Mississippi law it is a political subdivision of the state entitling it to sovereign immunity from tort claims. Because we conclude that the District is a person for diversity purposes, we agree with the district court that it had jurisdiction...

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