Legal Opinion
Port of Corpus Christi Auth. v. Sherwin Alumina Co. (In Re Sherwin Alumina Co.)
Court of Appeals for the Fifth Circuit
Decided August 6, 2019No. 18-40557PublishedCited by 2 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
A bankruptcy sale extinguished an easement of the Port of Corpus Christi Authority, an arm of the State of Texas. The Port initiated an adversary proceeding against the debtors, Sherwin Alumina Company and Sherwin Pipeline Incorporated, seeking to invalidate the sale and regain its easement. The bankruptcy court rejected the Port's sovereign immunity and fraud claims, and the district court affirmed. On appeal from the district court, we find no Eleventh Amendment violation or basis for a claim of fraud. We affirm.
I
In 1998, the Port of Corpus Christi…
2Cases cited16 opinions
- Hans v. LouisianaSupreme Court of the United States · 1890
- Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- Central Virginia Community College v. KatzSupreme Court of the United States · 2006
- United States Ex Rel. James M. Thompson v. Columbia/hca Healthcare CorporationCourt of Appeals for the Fifth Circuit · 1998
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3Cited by2 opinions
- Port of Corpus Christi Auth v. Sherwin Alumina ComCourt of Appeals for the Fifth Circuit · 2020
- COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF REVENUE v. BERGERDistrict Court, W.D. Pennsylvania · 2019