Judge Glen Davidson of the U.S. District Court for the Northern District of Mississippi said his court was not the proper venue for the case, which accuses the City of Memphis of diverting millions of gallons of water a day away from Mississippi.
Don Barrett gave $5,000 to Hood’s 2003 campaign and was on board with the suit when it was filed in 2005, along with attorneys from Daniel, Coker, Horton & Bell in Oxford, Miss., and attorney George B. Ready.
Davidson said the suit should include the State of Tennessee and be heard by the U.S. Supreme Court.
“After hearing oral argument and receiving briefs regarding the court’s jurisdiction over this matter, the court rules that the State of Tennessee is a necessary and indispensable party to this action pursuant to Rule 19 of the Federal Rules of Civil Procedure,” Davidson wrote.
“This court, however, is not empowered to join Tennessee as a party to this action because original and exclusive jurisdiction of disputes between States resides with the United States Supreme Court…”
Legal Newsline
2/5/8
