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HOOD EX REL. MISSISSIPPI v. CITY OF MEMPHIS, TENN.

No. 08-60152.

570 F.3d 625 (2009)

Jim HOOD, Attorney General, ex rel. State of MISSISSIPPI, Acting for Itself and Parens Patriae for and on behalf of the People of the State of Mississippi, Plaintiffs-Appellants, v. The CITY OF MEMPHIS, TENNESSEE; Memphis Light Gas & Water Division, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 5, 2009.

Attorney(s) appearing for the Case

Alan B. Cameron, Larry D. Moffett, Daniel, Coker, Horton & Bell, Oxford, MS, C. Michael Ellingburg (argued), Daniel, Coker, Horton & Bell, Jackson, MS, for Plaintiffs-Appellants.

Leo Maurice Bearman (argued), David L. Bearman, Chad Devon Graddy, Kristine Leporati Roberts, Baker, Donelson, Bearman, Caldwell & Berkowitz, Christopher S. Campbell, Harris Shelton Hanover Walsh, PLLC, Memphis, TN, Barry W. Ford, Walker W. Jones, III, Baker, Donelson, Bearman, Caldwell & Berkowitz, Jackson, MS, Elbert Jefferson, Jr., City of Memphis, Law Div., Memphis, TN, for Defendants-Appellees.

William Barry Turner, Nashville, TN, for Amicus Curiae.

Before HIGGINBOTHAM, BENAVIDES and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

In this lawsuit, the state of Mississippi seeks damages from the City of Memphis and Memphis Light, Gas and Water ("MLGW") (collectively, "Memphis"), for the alleged conversion of groundwater in the Memphis Sands Aquifer (the "Aquifer"). The district court dismissed Mississippi's lawsuit without prejudice, holding that Tennessee is an indispensable party to the suit and that the court was without power to join Tennessee. We AFFIRM....

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