Legal Opinion

Louisiana Highway Commission v. Farnsworth

Court of Appeals for the Fifth Circuit

Decided January 10, 1935No. 7530PublishedCited by 52 opinions

1Opinion of the Court

WALKER, Circuit Judge.

This was an action brought in the court below by the appellee, a citizen of the state of Mississippi, against the appellant, Louisiana highway commission, on a road construction contract entered into “by and between the state of Louisiana, approved by the Louisiana highway commission, through” its chairman and the state highway engineer, and the appellee. The right of the appellee to maintain the action was denied by appellant on the grounds that the suit in reality is one against the state of Louisiana, with the results that the suit is not maintainable in any court by…

2Cases cited13 opinions

  1. Lincoln County v. LuningSupreme Court of the United States · 1890
  2. Highway Comm. of Wyoming v. Utah Construction Co.Supreme Court of the United States · 1929
  3. Chicot County v. SherwoodSupreme Court of the United States · 1893
  4. Mutual Life Ins. Co. of NY v. JohnsonSupreme Court of the United States · 1934
  5. Northwestern Mutual Life Insurance v. McCueSupreme Court of the United States · 1912

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3Cited by52 opinions

  1. DeLong Corporation v. Oregon State Highway Com'nDistrict Court, D. Oregon · 1964
  2. Stanley Gerr and Carl Gerr, a Minor by Stanley Gerr, His Guardian v. Harry William Emrick and Pennsylvania Turnpike CommissionCourt of Appeals for the Third Circuit · 1960
  3. Adden v. MiddlebrooksCourt of Appeals for the Seventh Circuit · 1982
  4. Jack Austin, D/B/A Jack Austin & Associates, Cross v. D. R. Parker and J. A. McAlpin D/B/A M&m Construction Co., CrossCourt of Appeals for the Fifth Circuit · 1982
  5. C. H. Leavell & Company v. Board of Commissioners of the Port of New Orleans and Department of Highways, State of LouisianaCourt of Appeals for the Fifth Circuit · 1970

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