Legal Opinion

Intracoastal Transportation, Inc., and Anderson Marine Construction, Inc. v. Decatur County, Georgia, Department of Transportation

Court of Appeals for the Fifth Circuit

Decided August 28, 1973No. 72-2700PublishedCited by 42 opinions

1Opinion of the Court

GEWIN, Circuit Judge:

In this admiralty action, the State of Georgia appeals pursuant to 28 U.S.C. § 1292(b) from the district court’s denial of its motion to dismiss on the grounds of sovereign immunity. After a careful review of the applicable law, we conclude that Georgia was entitled to avail itself of the sovereign immunity defense, and therefore reverse.1

*363The facts giving rise to the present controversy are not in dispute and may be summarized with brevity. Decatur County, Georgia, and the Georgia Department of Transportation are the alleged owners and operators of a drawbridge across the…

2Cases cited30 opinions

  1. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  2. Employees of Department of Public Health v. Department of Public HealthSupreme Court of the United States · 1973
  3. Parden v. Terminal Railway of Alabama State Docks DepartmentSupreme Court of the United States · 1964
  4. Ex Parte State of New York, No. 1Supreme Court of the United States · 1921
  5. Murray v. Wilson Distilling Co.Supreme Court of the United States · 1909

25 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Jackson Sawmill Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1978
  2. State of Florida Board of Trustees of the Internal Improvement Trust Fund v. Charley Toppino and Sons, Inc.Court of Appeals for the Fifth Circuit · 1975
  3. Vieux Carre Property Owners, Residents & Associates, Inc. v. Colonel Lloyd Kent Brown, Etc.Court of Appeals for the Fifth Circuit · 1989
  4. Sierra Club v. AndrusCourt of Appeals for the Ninth Circuit · 1979
  5. Janet Karpovs, Individually and as Personal Representative of Juris A. Karpovs, Deceased v. State of MississippiCourt of Appeals for the Fifth Circuit · 1981

37 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API