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SPENCER v. NEW ORLEANS LEVEE BD.

No. 84-3027 Summary Calendar.

737 F.2d 435 (1984)

Ursula SPENCER, et al., Plaintiffs-Appellees, v. NEW ORLEANS LEVEE BOARD, Defendant-Appellant. Charles CRAWFORD, et al., Plaintiffs-Appellees, v. NEW ORLEANS LEVEE BOARD, Defendant-Appellant. Warrence SMITH, et al., Plaintiffs-Appellees, v. BOARD OF LEVEE COMMISSION OF the ORLEANS LEVEE DISTRICT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 3, 1984.

Attorney(s) appearing for the Case

Boggs, Loehn & Rodrigue, Thomas E. Loehn, New Orleans, La., for Orleans Pr. Levee Bd.

Wiedemann & Fransen, Lawrence Weidemann, New Orleans, La., for Ursula Spencer.

Joseph E. Windmeyer, Paul J. Yaeger, Metairie, La., for Charles Crawford.

Jules J. Mumme, III, New Orleans, La., for Warrence Smith.

Herbert B. Bowers, III, Asst. City Atty., New Orleans, La., for City of New Orleans.

Eneid A. Francis, Asst. U.S. Atty., New Orleans, La., for Nat. Weather Service.

Before CLARK, Chief Judge, and GEE and JOLLY, Circuit Judges.

CLARK, Chief Judge:

Residents of the Parish of Orleans, Louisiana, filed a class action against the New Orleans Parish Levee Board (Levee Board), the City of New Orleans, and the State of Louisiana in the state courts of Louisiana. They alleged that the Levee Board had negligently failed to close the flood gates on the Industrial Canal, resulting in flood damage to their property. The Levee Board filed a third-party complaint against the National Weather Service,...

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