SOUTHWESTERN BELL TELEPHONE CO. v. CITY OF EL PASO

No. 00-50485.

243 F.3d 936 (2001)

SOUTHWESTERN BELL TELEPHONE COMPANY, Plaintiff-Appellee, v. CITY OF EL PASO, et al., Defendants, and El Paso County Water Improvement District No. 1, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 19, 2001.


Attorney(s) appearing for the Case

David John Schenck (argued), Robert Edwin Davis, Brooke Leslie Rollins, Hughes & Luce, Dallas, TX, David F. Brown, Southwestern Bell Tel. Co., Austin, TX, for Plaintiff-Appellee.

William Wendell Hall (argued), Rosemarie Kanusky, Fulbright & Jaworski, San Antonio, TX, James M. Speer (argued), El Paso, TX, Lisa M. Power, El Paso County Water Improvement, El Paso, TX, for Defendant-Appellant.

Before DUHÉ and PARKER, Circuit Judges, and LINDSAY, District Judge.


ROBERT M. PARKER, Circuit Judge:

Appellant El Paso County Water Improvement District No. 1 appeals the district court's denial of its motion to dismiss on Eleventh Amendment grounds. Because we conclude that the district court applied the proper legal standard in reviewing Appellant's motion, we AFFIRM.

I.

Appellant is a water improvement district created pursuant to Article XVI, Section 59, of the Texas Constitution. Appellant owns a series of irrigation...

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