James L. Anderson, Jr., a Minor, by and Through James H. Doss, Uncle and Next Friend v. Jackson Municipal Airport Authority

[The text of the Fifth Circuit’s certification, attached to the opinion of the Mississippi Supreme Court as “Appendix A,” appears at 645 F.2d 401 and is omitted here.]

I dissent from the answer of the majority to the first question certified by the United States Court of Appeals for the Fifth Circuit for the reasons hereinafter stated.

I

The question involves public policy of the State of Mississippi. The question of whether a municipal function is governmental or proprietary is determined in accordance with the public policy in the jurisdiction in which it arises. Kirksey v. City of Fort Smith,…