BARTMESS v. FEDERAL CROP INS. CORP.

No. 87-4435.

845 F.2d 1258 (1988)

George BARTMESS and Helen S. Bartmess, Plaintiffs-Appellants, v. FEDERAL CROP INSURANCE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 16, 1988.


Attorney(s) appearing for the Case

Donald K. Carroll, Oak Grove, La., for plaintiffs-appellants.

John R. Halliburton, Asst. U.S. Atty., Joseph S. Cage, Jr., U.S. Atty., Shreveport, La., for defendant-appellee.

Before RUBIN, KING, and WILLIAMS, Circuit Judges.


(REVISED OPINION)

ALVIN B. RUBIN, Circuit Judge:

The Federal Crop Insurance Corporation refused to pay a claim by a farmer who had insured his rice crop against loss by flooding. The district court held that the farmer had failed to prove that the loss was the result of an unavoidable insured peril, which would have brought it within the coverage of the policy, and therefore the FCIC was not required to pay the claim. Because the issue turned entirely on...

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