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MASON DRUG CO., INC. v. HARRIS

No. 76-4339.

597 F.2d 886 (1979)

MASON DRUG COMPANY, INC., Plaintiff-Appellant, v. Patricia R. HARRIS, Secretary of the UNITED STATES Department of Housing and Urban Development and Hartford Fire Insurance Co., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 25, 1979.

Attorney(s) appearing for the Case

James E. Hart, Jr., Brewton, Ala., for plaintiff-appellant.

J. Hodge Alves, III, Mobile, Ala., Robert Kopp, Marta W. Berkley, Dept. of Justice, Civ. Div., Appellate Section, Washington, D. C., for defendants-appellees.

Before TJOFLAT, HILL, Circuit Judges, and HIGGINBOTHAM, District Judge.

JAMES C. HILL, Circuit Judge:

In this case we are concerned with an action to recover on a policy of flood insurance issued pursuant to the National Flood Insurance Act of 1968, 42 U.S.C. §§ 4001-4127. Plaintiff Mason Drug Company appeals from a summary judgment and a final dismissal on the merits, with prejudice, in favor of defendant-appellee National Flood Insurers Association (NFIA).1

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