United States Eleventh Circuit

While the indemnification agreement between the City and the plaintiff was correctly determined by the district court to be void as ultra vires, the case is remanded for consideration of whether, pursuant to O.C.G.A. section 36-33-1(a), the City waived its sovereign immunity as to plaintiff's cause of action by participating in a multi-government insurance fund.

Appellate Information

• Decided 01/12/2004
• Published 01/12/2004

Judges

• BIRCH, Circuit Judge:, Before ANDERSON, BIRCH and BARKETT, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Christopher L. Ray, Patrick T. O'Connor, Oliver, Maner & Gray, LLP, Edward R. Stabell, III, Brennan, Harris & Rominger, Savannah, GA, for City of Garden City and ARCO, Inc.


• For Appellees:
  
• Amy R. Snell,James W. Purcell, Fulcher, Hagler, Reed, Hanks & Harper, Augusta, GA, for Plaintiffs-Cross-Defendants-Appellants.