MEMORANDUM OPINION
SEALS, District Judge.
On the 10th day of September, 1971, tides generated by Hurricane Fern inundated Plaintiff's beach front property located near Freeport, Texas. Waters from the Gulf of Mexico reached a depth of approximately two feet under his elevated beach house and remained at that level for several hours. Before the tide receded a considerable amount of soil was washed from beneath a concrete slab which covers the earth fill below...
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