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HALVERSON v. SKAGIT COUNTY

No. 93-35783.

42 F.3d 1257 (1994)

Leonard HALVERSON; Kenneth Johnson; Rodney F. Archer; Keith E. Bridge; Doug & Barbara McNair, Husband and Wife; Mathew Blaine Mitchell, Individually and on Behalf of All Others Similarly Situated; Dale & Patricia Howell, Husband and Wife; J. Patrick & Selma Albee, Husband and Wife; Glenn M. Anderson, Plaintiffs-Appellants, v. SKAGIT COUNTY, a Municipal Corporation; Diking Dist. No. 17, a Municipal Corporation; Diking Dist. No. 12; Board of Commissioners of Diking District No. 17, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 12, 1994.

As Amended on Denial of Rehearing and Rejection of Suggestion for Rehearing February 9, 1995.

Attorney(s) appearing for the Case

Steve W. Berman, Hagens & Berman, Seattle, WA, for plaintiffs-appellants.

William C. Smart, Keller Rohrback, Seattle, WA, Karen E. Vedder, Lane, Powell, Spears, Lubersky, Mount Vernon, WA, Warren John Gilbert, Mount Vernon, WA, for defendants-appellees.

Before: LAY, TROTT and T.G. NELSON, Circuit Judges.

As Amended on Denial of Rehearing and Rejection of Suggestion for Rehearing En Banc February 9, 1995.*

TROTT, Circuit Judge:

OVERVIEW

Ninety residents of the Nookachamps area of Skagit County, Washington, whose homes and other property were damaged by flood waters of the Skagit River, filed suit under 42 U.S.C. § 1983 against municipal corporations Skagit County and Diking Districts Nos. 12 and 17 (collectively the...

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