[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT SEPTEMBER 19, 2005 No. 04-14864 THOMAS K. KAHN ________________________ CLERK

D. C. Docket No. 01-00026-CV-RWS-2

STATE OF GEORGIA,

Plaintiff-Appellant,

LAKE LANIER ASSOCIATION,

Intervenor-Plaintiff,

versus

THE UNITED STATES ARMY CORPS OF ENGINEERS, GREGORY R. DAHLBERRY, in his official capacity as Acting Secretary of the United States Army, JOSEPH W. WESTPHAL, in his official capacity as Assistant Secretary of the United States Army for Civil Works, ROBERT W. FLOWERS, in his official capacity as Commander and Chief of Engineers, United States Army Corps of Engineers, PHILLIP R. ANDERSON, in his official capacity as Division Commander, South Atlantic Division, United States Army Corps of Engineers, J. DAVID NORWOOD, in his official capacity as District Commander, Mobile District, United States Army Corps of Engineers,

Defendants-Appellees,

SOUTHEASTERN FEDERAL POWER CUSTOMERS, INC.,

Intervenor-Defendant,

STATE OF FLORIDA, STATE OF ALABAMA,

Intervenors-Appellees,

GWINNETT COUNTY, GEORGIA, ATLANTA REGIONAL COMMISSION,

Intervenors-Appellants,

CITY OF GAINESVILLE, Georgia,

Appellant.

________________________

Appeals from the United States District Court for the Northern District of Georgia _________________________

(September 19, 2005)

2 Before BARKETT and MARCUS, Circuit Judges, and GEORGE *, District Judge.

PER CURIAM:

The State of Georgia, Gwinnett County, the Atlanta Regional Commission,

and the City of Gainesville appeal an order of abatement. The district court abated

and administratively closed this case, pending final judgment in Alabama v. U.S.

Corps of Engineers, No. CV-90-H-01331-E, a substantially similar case proceeding

before the United States District Court for the Northern District of Alabama.

We review the district court’s decision to abate on abstention grounds for

abuse of discretion. See Ambrosia Coal and Constr. Co. v. Morales, 368 F.3d 1320, 1332 (11th Cir. 2004). Seeing none, we AFFIRM the abatement.

AFFIRMED.

* Honorable Lloyd D. George, United States District Judge for the District of Nevada, sitting by designation.

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