U.S. Court of Appeals for the Fifth Circuit, 1979

Miree v. United States

U.S. Court of Appeals for the Fifth Circuit · Decided January 25, 1979

588 F.2d 453 (Federal Reporter, Second Series)

Counsel

Hugh M. Dorsey, Jr., Jule W. Felton, Jr., Atlanta, Ga., Gilbert E. Johnston, Alan W. Heldman, Birmingham, Ala., for George Miree et al., John W. Stokes, U.S. Atty., Atlanta, Ga., William D. Mallard, Jr., Asst.- U.S. Atty., George M. Fleming, Trial Atty., Morton Hollander, Ronald R. Glancz, U.S. Dept, of Justice, Washington, D.C., for the U.S., A. Russell Blank, Baxter H. Finch, Atlanta, Ga., for Judith Phillips., Wendell K. Willard, Decatur, Ga., Meade Burns, F. Clay Bush, Atlanta, Ga., for DeKalb County., Robert W. Patrick, Jr., Robert M. Travis, Atlanta, Ga., Herbert S. Falk, Jr., Greensboro, N. C., William Q. Bird, Atlanta, Ga., for William M. Fields., J. Arthur Mozley, Atlanta, Ga., for Fireman’s Fund Ins. Co., Southeast Machinery, Inc. and Machinery Buyers Corp., Robert H. Stringer, Decatur, Ga., for Pearlie Chaisson.

Cases that cite this one

5 later published cases cite this decision. The 4 that cite it most often are listed here.

Orchards v. United States (Court of Claims 1984)
Marilyn Joyce Sellfors, Etc. v. United States (11th Cir. 1983)
Kaiser Aluminum & Chemical Corp. v. Ingersoll-Rand Co. (United States District Court for the Southern District of Georgia 1981)
Miree v. United States (United States District Court for the Northern District of Georgia 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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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