FOSTER v. FEDERAL EMERGENCY MANAGEMENT AGENCY

No. 92-1755.

984 F.2d 128 (1993)

Robert D. FOSTER; Ann Foster, Plaintiffs-Appellants, v. FEDERAL EMERGENCY MANAGEMENT AGENCY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 21, 1993.


Attorney(s) appearing for the Case

W. Mark Spence, Aycock, Spence & Butler, Nags Head, NC, argued for appellant.

Linda Kaye Teal, Asst. U.S. Atty., Raleigh, N.C., argued (Margaret Person Currin, U.S. Atty., Raleigh, NC and Lawrence R. Intravia, Federal Emergency Management Agency, Washington, D.C., on brief), for appellee.

Before RUSSELL and WILKINSON, Circuit Judges, and MORGAN, United States District Judge for the Eastern District of Virginia, sitting by designation.


OPINION

DONALD RUSSELL, Circuit Judge:

Ann and Robert Foster (the Fosters), plaintiffs, appeal from the district court's order granting summary judgment in favor of the defendant, the Federal Emergency Management Agency (FEMA). The district court granted summary judgment on the ground that the Fosters' flood insurance coverage did not satisfy the requirements set forth in the Upton-Jones Amendment (the amendment) to the National Flood Insurance Act, 42 U...

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