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BD. OF LEVEE COM'RS OF THE ORLEANS LEVEE BD. v. HULS

No. 87-3755.

852 F.2d 140 (1988)

BOARD OF LEVEE COMMISSIONERS OF THE ORLEANS LEVEE BOARD, Plaintiff-Appellant, and Howard, Weil, Labouisse, Friedrichs, Inc., Intervenor-Appellant, v. William HULS, Individually and in His Official Capacity as Secretary of the Department of Natural Resources of the State of Louisiana, Defendants-Appellees, and Gayle, Wichers White, et al., Intervenors-Appellees.

United States Court of Appeals, Fifth Circuit.

August 15, 1988.

Attorney(s) appearing for the Case

Richard A. Goins, Sam A. LeBlanc, III, New Orleans, La., for Bd. of Levee.

Paul L. Zimmering, Michael R. Fontham, New Orleans, La., for Howard, Weil, LaBouisse, Friedrichs, Inc.

David C. Kimmel, Elizabeth R. Megginson, Asst. Attys. Gen., La. Dept. of Justice, Baton Rouge, La., for Huls.

William E. Wright, Jr., David P. Banowetz, Jr., New Orleans, La., for Haspel, David Milling, et al.

David P. LaNasa, New Orleans, La., for Gayle Wichers White, et al.

Before WISDOM, REAVLEY and POLITZ, Circuit Judges.

REAVLEY, Circuit Judge:

The Board of Commissioners of the Orleans Levee District and intervenors Howard, Weil, Labouisse, Freidrichs, Inc. appeal the district court's grant of summary judgment. We affirm that portion of the district court's judgment dismissing the Board's claim. Because it is now moot, we vacate the judgment against Howard, Weil's constitutional claim and dismiss that claim without prejudice.

I

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