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BURCH v. FEDERAL INS. ADMIN.

No. 93-1749.

23 F.3d 849 (1994)

Stephen R. BURCH; Margaret R. Burch, Plaintiffs-Appellees, v. FEDERAL INSURANCE ADMINISTRATION, and its Director; Federal Emergency Management Agency, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 5, 1994.

Attorney(s) appearing for the Case

ARGUED: Michael Scott Raab, Civ. Div., U.S. Dept. of Justice, Washington, DC, for appellants. David James Irvine, Jr., Pritchett, Cooke & Burch, Windsor, NC, for appellees.

ON BRIEF: Frank W. Hunger, Asst. Atty. Gen., James R. Dedrick, U.S. Atty., Barbara L. Herwig, Civ. Div., U.S. Dept. of Justice, Washington, DC, for appellants. Lars P. Simonsen, Pritchett, Cooke & Burch, Windsor, NC, for appellees.

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

Reversed by published opinion. Judge WILKINSON wrote the opinion, in which Judge WIDENER and District Judge BRINKEMA joined.

OPINION

WILKINSON, Circuit Judge:

This case requires us to decide whether state certification of structures to be relocated under the National Flood Insurance Act of 1968, 42 U.S.C. § 4001 et seq., divests the Federal Emergency Management Agency of final decisionmaking authority with regard to those structures....

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