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U.S. v. FOWLER

No. 89-35806.

913 F.2d 1382 (1990)

UNITED STATES of America, Plaintiff-counter-defendant/appellee, v. James S. FOWLER, Sr.; Halle W. Fowler, Defendant-counter-claim-third-party plaintiffs/appellants. James S. FOWLER, Jr.; Robyn Fowler, Third-party plaintiffs/appellants, v. ANDERSON-BLAKE-FAY INSURANCE COMPANY, INC., Third-party defendant/appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 7, 1990.

Attorney(s) appearing for the Case

R. Keith Roark, Roark, Donovan, Praggastis, Elkins and Phillips, Ketchum, Idaho, for defendants-counter-claim-third-party plaintiffs/appellants.

Paige Alan Parker, Imhoff and Lynch, Boise, Idaho, for third-party defendant/appellee.

Andrea M. Pogue, Asst. U.S. Atty., Boise, Idaho, for plaintiff-counter-defendant/appellee.

Before HUG, D.W. NELSON and BRUNETTI, Circuit Judges.

OVERVIEW

D.W. NELSON, Circuit Judge:

The Fowlers, appellants in the instant case, suffered flood damage on their property. They had sought flood insurance for the property through appellee ABF, their insurance company, and ABF had applied for a policy from the government's National Flood Insurance Program. Although it was determined that the Fowlers were not eligible for the program, a policy was nevertheless issued and the government erroneously paid the...

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