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WEST v. HARRIS

No. 76-2531.

573 F.2d 873 (1978)

Carl D. WEST, Plaintiff-Appellee-Cross-Appellant, v. Patricia Roberts HARRIS, Secretary of the United States Department of Housing and Urban Development, Defendant-Appellant-Cross-Appellee. Andrew J. DAIGLE, Plaintiff-Appellee-Cross-Appellant, v. Patricia Roberts HARRIS, Secretary of the United States Department of Housing and Urban Development, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 28, 1978.

Attorney(s) appearing for the Case

Robert Kopp, Atty., Marta W. Berkley, Atty., Civil Div., Dept. of Justice, Washington, D. C., P. A. Bienvenu, P. Albert Bienvenu, Jr., Bienvenu, Foster, Ryan & O'Bannon, New Orleans, La., for defendant-appellant cross-appellee.

Leopold B. Babin, Houma, La., for plaintiff-appellee cross-appellant.

P. Albert Bienvenu, Jr., P. A. Bienvenu, Bienvenu, Foster, Ryan & O'Bannan, New Orleans, La., for National Flood Insurers Association (original defendant).

Before CLARK and GEE, Circuit Judges, and LYNNE, District Judge.

CHARLES CLARK, Circuit Judge:

These cases both involve claims by insureds under policies of flood insurance issued pursuant to the National Flood Insurance Act of 1968, 42 U.S.C.A. § 4001 et seq. After a consolidated trial Andrew J. Daigle won a jury verdict against the National Flood Insurers Association in the amount of $12,084.56, and Carl D. West won a verdict in the amount of $17,500.00, the policy limit. Judgment was entered pursuant to the verdicts...

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