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MOCKLIN v. ORLEANS LEVEE DIST.

No. 88-3675.

877 F.2d 427 (1989)

Louis F. MOCKLIN, Jr., Husband of/and Maria Ryan Mocklin, Plaintiffs-Appellants, v. The ORLEANS LEVEE DISTRICT and Its Board of Levee Commissioners, Defendants-Third Party Plaintiffs-Appellants, and LUHR BROTHERS, INC., The Home Insurance Co., and City Insurance Co., Defendants-Cross Plaintiffs, Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS, Third Party Defendant-Cross Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 19, 1989.

Attorney(s) appearing for the Case

Richard B. Ehret, McGlinchey, Stafford, Mintz, Cellini & Land, New Orleans, La., for Orleans Levee Dist. and its Bd. of Levee Comm.

Dennis P. Couvillion, Lee, Martiny & Caracci, Metairie, La., for Mocklin.

Randall A. Fish, Albert H. Hanemann, Jr., Lemle, Kelleher, Kohlmeyer, Dennery, Hunley, Moss & Frilot, New Orleans, La., for Luhr Bros., The Home Ins. Co. and City Ins. Co.

Thomas L. Watson, Robert J. Boitmann, Walter J. Becker, Asst. U.S. Attys., John Volz, U.S. Atty., New Orleans, La., for U.S. Army Corps of Engineers.

Before CLARK, Chief Judge, WILLIAMS and DAVIS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

In this appeal, the plaintiff-appellants challenge the district court's dismissal of the United States Army Corps of Engineers from this suit. 690 F.Supp. 527. The dismissal in the district court was based upon immunity from liability under the independent contractor defense and also the discretionary function exception to the Federal Tort Claims Act ("FTCA"). 28 U.S.C. § 1346(b); 28 U.S...

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