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TOWN OF SMYRNA, TENN. v. MUNICIPAL GAS AUTHORITY

No. 12-5476.

723 F.3d 640 (2013)

The TOWN OF SMYRNA, TENNESSEE, Plaintiff-Appellee, v. The MUNICIPAL GAS AUTHORITY OF GEORGIA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 19, 2013.

Attorney(s) appearing for the Case

ARGUED: Jay D. Bennett , Alston & Bird LLP, Atlanta, Georgia, for Appellant. Jessalyn H. Zeigler , Bass Berry Sims PLC, Nashville, Tennessee, for Appellee. ON BRIEF: Jay D. Bennett , Nowell D. Berreth , Alston & Bird LLP, Atlanta, Georgia, Paul S. Davidson , Waller Lansden Dortch & Davis LLP, Nashville, Tennessee, for Appellant. Jessalyn H. Zeigler , Joshua R. Denton , Bass Berry Sims PLC, Nashville, Tennessee, Douglas Berry , Hubbard, Berry & Harris, PLC, Nashville, Tennessee, for Appellee.

Before: NORRIS, MOORE, and DONALD, Circuit Judges.

OPINION

BERNICE B. DONALD, Circuit Judge.

This case is before us on interlocutory appeal of the district court's denial of sovereign immunity to the appellant Municipal Gas Authority of Georgia (the "Gas Authority"). The heart of the dispute is the Gas Authority's proposed interpretation of Kyle v. Georgia Lottery Corporation, 290 Ga. 87, 718 S.E.2d 801, 802-04 (2011): that any entity...

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