Houston v. Thomas

Opinion

UNITED STATES COURT OF APPEALS for the Fifth Circuit

_____________________________________

No. 90-1031 _____________________________________

JULIA DONELSON HOUSTON, ET AL., Plaintiffs-Appellees, VERSUS

RUTH M. THOMAS, ET AL., Defendants, STATE OF LOUISIANA and LAKE PROVIDENCE PORT COMMISSION, Intervening Defendants-Appellants. ______________________________________________________

Appeal from the United States District Court for the Southern District of Mississippi ______________________________________________________ ON REMAND FROM THE THE UNITED STATES SUPREME COURT

(February 12, 1993)

Before POLITZ, Chief Judge, and DUHÉ, Circuit Judge1.

PER CURIAM:

As directed by the Supreme Court2, this matter is remanded to

the district court which shall dismiss the claims of Louisiana

against Mississippi for lack of jurisdiction, and which shall

proceed to determine the claims of the private litigants.

REMANDED WITH INSTRUCTIONS.

1 Judge Alvin B. Rubin was a member of the original panel which heard this case but he died on June 11, 1991. This matter is being handled by a quorum. 28 U.S.C. § 46(d). 2 Mississippi Et Al v. Louisiana Et Al, ___ U.S. ___, 113 S. Ct. 542 (1992).