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WEST AUGUSTA DEVELOPMENT CORP. v. GIUFFRIDA

No. 82-1880.

717 F.2d 139 (1983)

WEST AUGUSTA DEVELOPMENT CORPORATION, a corporation, Appellant, v. Louis O. GIUFFRIDA, Director of the Federal Emergency Management Agency, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 15, 1983.

Attorney(s) appearing for the Case

Larry O. Ford, Clarksburg, W.Va. (James C. West, Jr., Jones, Williams, West & Jones, Clarksburg, W.Va., on brief), for appellant.

Lawrence R. Intravia, Asst. Gen. Counsel (William C. Kolibash, U.S. Atty., Betsy C. Steinfeld, Asst. U.S. Atty., Wheeling, W.Va., on brief), for appellee.

Before RUSSELL, PHILLIPS and MURNAGHAN, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

The plaintiff appeals from the grant of summary judgment in favor of the defendant government insurer in its suit to recover for flood damages under an insurance policy with the Federal Emergency Management Agency (FEMA). The district court assigned as its reason for granting the motion the plaintiff's failure to file the proof of loss required by the policy. Plaintiff argues on appeal that...

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