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MALLORY & EVANS CONTRACTORS & ENGINEERS, LLC v. TUSKEGEE UNIVERSITY

No. 11-10940.

663 F.3d 1304 (2011)

MALLORY & EVANS CONTRACTORS & ENGINEERS, LLC, Plaintiff-Appellant, v. TUSKEGEE UNIVERSITY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 5, 2011.

Attorney(s) appearing for the Case

Dana Brent Miles , Lauren Clipp Giles , Miles, Patterson, Hansford, Tallant LLC, Cumming, GA, Robert T. Meadows, III , Capell & Howard, PC, Opelika, AL, for Plaintiff-Appellant.

Fred David Gray, Jr. , Fred D. Gray, Sr. , Gray, Langford, Sapp, McGowan, Gray, Gray & Nathan, Tuskegee, AL, for Defendant-Appellee.

Before DUBINA, Chief Judge, COX, Circuit Judge, and HUNT, District Judge.

PER CURIAM:

The district court's jurisdiction in this case is not contested, but jurisdiction cannot be created by consent. Lowry v. Int'l Bhd. of Boilermakers, Iron Shipbuilders & Helpers of Am., 259 F.2d 568, 575 (5th Cir. 1958). We are obligated to raise concerns about the district court's subject matter jurisdiction sua sponte. Fitzgerald v. Seaboard Sys. R.R., Inc...

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