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McHUGH v. UNITED SERVICE AUTOMOBILE ASS'N

No. 97-35019.

164 F.3d 451 (1999)

Frank J. McHUGH, husband; Mary S. McHugh, wife, Plaintiffs-Appellants, v. UNITED SERVICE AUTOMOBILE ASSOCIATION, a Texas corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 6, 1999.

Attorney(s) appearing for the Case

Matthew T. Boyle, Mitchell, Lang & Smith, Seattle, Washington, for plaintiffs-appellants.

D. Bradley Hudson, Hudson Youngblood, Seattle, Washington, for defendant-appellee.

Before: LAY, PREGERSON and GRABER, Circuit Judges.

Opinion by Judge LAY; Dissent by Judge GRABER.

LAY, Circuit Judge:

Frank and Mary McHugh filed a complaint for a declaratory judgment against the United Service Automobile Association insurance company ("USAA") and the Director of the Federal Emergency Management Agency ("FEMA") alleging that (1) their beach house which was insured by USAA under a Standard Flood Insurance Policy ("SFIP") was damaged by a mudslide, (2) they made a claim to USAA under the SFIP...

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