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FRIDGE CONST. v. FED. EMERGENCY MGT. AGENCY

Civ. A. No. S88-0472(G).

797 F.Supp. 1321 (1991)

FRIDGE CONSTRUCTION COMPANY, INC., and Johnny F. Smith Truck and Dragline Service, Inc., a Joint Venture, Plaintiffs, v. The FEDERAL EMERGENCY MANAGEMENT AGENCY (the United States), Defendant/Third-Party Plaintiff/Cross-Claim Plaintiff. The CITY OF PASCAGOULA, MISSISSIPPI, and the City of Ocean Springs, Mississippi, Defendants/Cross-Claim Defendants, v. STATE OF MISSISSIPPI, Third Party Defendant.

United States District Court, S.D. Mississippi, S.D.

September 17, 1991.

Attorney(s) appearing for the Case

Samuel C. Kelly, William R. Purdy, Kent McDaniel, Jackson, Miss., for plaintiffs.

Robert E. Sanders, Jackson, Miss., for State of Miss.

Crockett Lindsey, Donald M. Waits, Asst. U.S. Atty., Biloxi, Miss., for FEMA.

Melvin Mitchell, Pascagoula, Miss., for City of Pascagoula.

Karl Wiesenburg, Pascagoula, Miss., for City of Pascagoula, City of Ocean Springs.

Oscar R. Jordan, Ocean Springs, Miss., William T. Reed, Pascagoula, Miss., for City of Ocean Springs.

BENCH OPINION

GEX, District Judge.

This cause came on for trial before the Court without a jury on April 22, 1991. The Court, having fully considered the testimonial and documentary evidence presented by both parties at trial, the arguments of counsel, and the applicable law, and being otherwise fully advised in the premises, makes the following findings of fact and conclusions of law pursuant to Rule 52 of the Federal Rules of Civil Procedure:

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