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PENNY v. GIUFFRIDA

Nos. 87-1767, 87-2622.

897 F.2d 1543 (1990)

Lawrence L. PENNY, Plaintiff-Apellee/Cross-Appellant, v. Louis O. GIUFFRIDA, Director Federal Emergency Management Agency Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided March 12, 1990.

Attorney(s) appearing for the Case

David A. Poarch (Robert L. Pendarvis, with him on the briefs), of Luttrell, Pendarvis, Rawlinson & Poarch, Norman, Okl., for plaintiff-appellee/cross-appellant.

Jay S. Bybee, Appellate Staff, Civ. Div., U.S. Dept. of Justice (John R. Bolton, Richard K. Willard, Asst. Atty. Gen., Washington, D.C., William S. Price, U.S. Atty., Oklahoma City, Okl., and John F. Cordes, Appellate Staff, Civ. Div., U.S. Dept. of Justice, Washington, D.C., with him on the briefs), for defendant-appellant/cross-appellee.

Before BALDOCK, McWILLIAMS and EBEL, Circuit Judges.

EBEL, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the Western District of Oklahoma against Louis Giuffrida, Director of the Federal Emergency Management Agency ("FEMA"), and in favor of plaintiff-appellee Lawrence Penny, for $35,000. On appeal, FEMA argues that the district court incorrectly held that FEMA was estopped from denying liability, that the district court erred in awarding Penny recovery on inconsistent theories...

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