Miree v. United States

Fifth Circuit

Miree v. United States

588 F.2d 453

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 25, 1979

DocketNos. 74-3670, 74-3822, 74-3864, 74-3870 and 74-3881

StatusPublished

Cited by5 cases

This text of 588 F.2d 453 (Miree v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Miree v. United States, 588 F.2d 453 (5th Cir. 1979).

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Opinion

PER CURIAM:

This case came to us on remand from the en banc court for further consideration. Pursuant to Georgia Code § 24-3902, we certified the state law questions in the case to the Georgia Supreme Court. Miree v. United States, 565 F.2d 1354 (5th Cir. 1978). In answering those questions, the Georgia com t determined that a county is immune from suit under theories of negligence or nuisance and that these plaintiffs may not maintain an action as third party beneficiaries to the contract between DeKalb County and the Federal Aviation Administration. Miree v. United States, 242 Ga. 126, 249 S.E.2d 573 (1978).

Adopting the Georgia Supreme Court’s conclusions regarding Georgia law, we now hold that defendant DeKalb County was immune from suit under any of the theories asserted by the plaintiffs. The decision of the district court dismissing plaintiffs’ suits against DeKalb County is affirmed. We remand the case to the district court for further disposition consistent with this opinion.

AFFIRMED and REMANDED.

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PER CURIAM:

This case came to us on remand from the en banc court for further consideration. Pursuant to Georgia Code § 24-3902, we certified the state law questions in the case to the Georgia Supreme Court. Miree v. United States, 565 F.2d 1354 (5th Cir. 1978). In answering those questions, the Georgia com t determined that a county is immune from suit under theories of negligence or nuisance and that these plaintiffs may not maintain an action as third party beneficiaries to the contract between DeKalb County and the Federal Aviation Administration. Miree v. United States, 242 Ga. 126, 249 S.E.2d 573 (1978).

Adopting the Georgia Supreme Court’s conclusions regarding Georgia law, we now hold that defendant DeKalb County was immune from suit under any of the theories asserted by the plaintiffs. The decision of the district court dismissing plaintiffs’ suits against DeKalb County is affirmed. We remand the case to the district court for further disposition consistent with this opinion.

AFFIRMED and REMANDED.

George Henson Miree v. United States of America, Judith Anita Phillips, Widow of David Emanuel Phillips, Deceased v. United States of America, Defendant-Third-Party Dekalb County, Georgia v. MacHinery Buyers Corp., Third-Party William Michael Fields v. United States of America, Dekalb County, Georgia, Fireman's Fund Insurance Company v. United States of America, Dekalb County, Georgia, Pearlie Chaisson v. Southeast MacHinery Inc., and Third-Party v. United States of America, Third-Party

588 F.2d 453 (Third Circuit, 1979)

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588 F.2d 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miree-v-united-states-ca5-1979.

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