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HINES v. GEORGIA PORTS AUTHORITY

Nos. S03G1813, S03G1821, S03G1820, S03G1848.

604 S.E.2d 189 (2004)

278 Ga. 631

HINES et al. v. GEORGIA PORTS AUTHORITY et al. Georgia Ports Authority et al. v. Hines et al. Georgia Ports Authority et al. v. Andre Rickmers Schiffsbeteiligungsges mbH & Company KG. Andre Rickmers Schiffsbeteiligungsges mbH & Company KG. v. Georgia Ports Authority et al.

Supreme Court of Georgia.

Reconsideration Denied November 11, 2004.

Attorney(s) appearing for the Case

Jones, Boykin, Stacy & Associates, Noble L. Boykin, Jr., Hunter Maclean Exley & Dunn, Robert S. Glenn Jr., Mare G. Marling, David F. Sipple, Clark, Clark & Steinmetz, Fred S. Clark, Savannah, for Hines et al. and Andre Rickmers Schiffsbeteilligungsges mbH & Co. KG.

Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Ranitz, Mahoney, Mahoney & Moss, Thomas J. Mahoney, Jr., Thomas J. Mahoney III, Mary K. Moss, Savannah, for Georgia Ports Authority et al.

FLETCHER, Chief Justice.

The central issue in these granted certiorari is whether the Georgia Ports Authority is entitled to immunity under the Eleventh Amendment of the United States Constitution for claims sounding in maritime law. The Court of Appeals concluded that the Ports Authority did enjoy Eleventh Amendment immunity. Because the record evidence shows that the Ports Authority is not an arm of the state under the federal law governing Eleventh Amendment immunity...

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