Barry Lee and Jim White, Cross-Appellees v. Miller County, Arkansas, Cross-Appellant

WISDOM, Circuit Judge:

This appeal presents the question whether Miller County, Arkansas, sharing the city of Texarkana with Bowie County, Texas, is immune from suit in Texas by Texas citizens alleging injuries as a result of Miller County’s negligence. Relying on the Interstate Civil Defense and Disaster Compact enacted by Texas and Arkansas, 1 the United States District Court for the Eastern District of Texas found Miller County immune. We affirm the district court’s decision, but we do so on the basis of comity. We conclude that the district court abused its discretion when it refused to…