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WRIGHT v. DIRECTOR, FEMA

No. 89-4033.

913 F.2d 1566 (1990)

Jerry J. WRIGHT, Plaintiff-Appellee, v. DIRECTOR, FEDERAL EMERGENCY MANAGEMENT AGENCY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 11, 1990.

Attorney(s) appearing for the Case

Samuel A. Alter, Jr., Asst. U.S. Atty., Lyndia P. Barrett, Pensacola, Fla., Ellen M. Neubauer, Federal Emergency Management Agency, Lori M. Beranek, Michael J. Singer, Dept. of Justice, Civ. Div., Appellate Staff, Washington, D.C., for defendant-appellant.

George H. Gwynn, T. Whitney Strickland, Jr., Owen, Gwynn & Lewis, Tallahassee, Fla., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, FAY Circuit Judge, and HOFFMAN, Senior District Judge.

FAY, Circuit Judge:

Defendant-Appellant, the Director of the Federal Emergency Management Agency ("FEMA"), seeks reversal of a district court order granting summary judgment for plaintiff-appellee, whose home had been covered by a flood insurance policy issued under the National Flood Insurance Program. The district court held that a regulation promulgated by FEMA effective October 1, 1988, which eliminated an exclusion for ground level structures and contents of...

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