Anderwald v. Gonzales Cty Shrf's ( 2001 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No. 01-50187
Civil Docket #SA-00-CV-509
_______________________
VINCE ANDERWALD, doing business as Rockin A Wrecker Svc.;
PHYLLIS ANDERWALD, doing business as Rockin A Wrecker Svc.;
CARLOS CHAVARRIA, doing business as Chavarria Towing & Repair,
Plaintiffs-Appellees,
versus
GONZALES COUNTY SHERIFF’S DEPARTMENT, ET AL.;
Defendants,
GONZALES COUNTY SHERIFF’S DEPARTMENT;
GLEN A. SACHTLEBEN, Sheriff, Gonzales County,
Defendants-Appellants.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Texas
(SA-00-CV-509)
_________________________________________________________________
November 9, 2001
Before JONES and DeMOSS, Circuit Judges and FELDMAN, District
Judge:*
PER CURIAM:**
*
District Judge of the Eastern District of Louisisna,
sitting by designation.
**
Pursuant to 5TH CIR. R. 47.5, the Court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
The court has carefully considered this appeal in light
of the briefs, oral arguments and pertinent portions of the record.
Having done so, we find no reversible error of fact or law in the
district court’s order denying immunity. The statutes cited by
Gonzales County are equivalent to the “naked grants of authority”
and “enabling statutes by which myriad instruments of local
government across the country gain basic corporate powers”, that
were at issue in Surgical Care Center of Hammond, L.C. v. Hospital
Service District No. 1 of Tangipahoa Parish, 171 F.3d 231, 236 (5th
Cir. 1999) (en banc). As such, we find the analysis of Surgical
Care binding and are unable to conclude that the county is shielded
from antitrust immunity by virtue of its statutory authority to
contract with wrecker services.
The appeal is DISMISSED, and the case is REMANDED for
further proceedings.
2