Legal Opinion
Belle Fontaine Towing Co. v. Department of Highways
District Court, E.D. Louisiana
Decided July 10, 1967No. Civ. A. No. CA 67-535PublishedCited by 9 opinions
1Opinion of the Court
ON MOTION OF DEFENDANT TO DISMISS COMPLAINT
CASSIBRY, District Judge:
This matter came before the Court on June 21, 1967. Defendant, Department of Highways, State of Louisiana, has moved to dismiss this complaint on the ground that as a department of the Sovereign State of Louisiana it is immune from suit, except by its own consent and that such consent has not been granted. The motion will be denied.
Plaintiffs Belle Fontaine Towing Co., Inc., owner and operator of the tug Belle Fontaine, and Old Colony Insurance Company, the subrogated hull insurer of the vessel, brought this action against…
2Cases cited11 opinions
- Petty v. Tennessee-Missouri Bridge CommissionSupreme Court of the United States · 1959
- Smith v. ReevesSupreme Court of the United States · 1900
- Highway Comm. of Wyoming v. Utah Construction Co.Supreme Court of the United States · 1929
- Chandler v. DixSupreme Court of the United States · 1904
- Westwego Canal & Terminal Co. v. Louisiana Highway CommissionSupreme Court of Louisiana · 1942
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Richard G. Harris v. Tooele County School District, by and Through the Tooele County School District Board of EducationCourt of Appeals for the Tenth Circuit · 1973
- Herrin v. PerrySupreme Court of Louisiana · 1969
- Herrin v. PerryLouisiana Court of Appeal · 1968
- Morgan Dallas Corp. v. Orleans Parish School BoardDistrict Court, E.D. Louisiana · 1969
- Usry v. Louisiana Dept. of HighwaysDistrict Court, E.D. Louisiana · 1978
4 more not listed; retrieve them via the Exa API.