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SOUTHERN BRIDGE CO. v. DEPARTMENT OF HYS., STATE OF LA.

Civ. A. No. 70-55.

319 F.Supp. 948 (1970)

SOUTHERN BRIDGE COMPANY v. DEPARTMENT OF HIGHWAYS, STATE OF LOUISIANA.

United States District Court, E. D. Louisiana, Baton Rouge Division.

December 17, 1970.

Attorney(s) appearing for the Case

Carlos G. Spaht, Kantrow, Spaht, Weaver & Walter, Baton Rouge, La., for plaintiff.

Charles Wm. Roberts, Burton, Roberts & Ward, Baton Rouge, La., for defendant.

WEST, Chief Judge:

The question presented here is whether or not the Louisiana Department of Highways is, as a matter of law, the alter ego of the State of Louisiana, and as such able to avail itself of Eleventh Amendment immunity from a federal diversity suit brought against it by a corporate citizen of Texas. We think not. The Louisiana Department of Highways is a corporate entity separate and distinct from the State which it serves, and is thus clearly susceptible...

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