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NEWTON v. CAPITAL ASSUR. CO., INC.

Nos. 98-7015, 99-10305.

245 F.3d 1306 (2001)

Alex W. NEWTON, Plaintiff-Appellee, v. CAPITAL ASSURANCE COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

DECIDED March 29, 2001.

Attorney(s) appearing for the Case

Richard W. Vollmer, III, Roger Crane Guilian, Killion & Vollmer, P.C., Mobile, AL, for Defendant-Appellant.

Bruce J. McKee, Hare, Wynn, Newell & Newton, Birmingham, AL, Harold Wasden, Pierce, Ledyard, Latta & Wasden, P.C., Richard Bounds, Cunningham, Bounds, Yance, Crowder & Brown, Mobile, AL, for Plaintiff-Appellee.

Jeffrica Jenkins Lee, U.S. Dept. of Justice, Washington, DC, for United States, Amicus Curiae.

Before ANDERSON, Chief Judge, and HULL and COX, Circuit Judges.

ON PETITION FOR REHEARING

COX, Circuit Judge:

Capital Assurance Company's Petition for Rehearing, which the United States has supported as amicus curiae, is GRANTED. We agree with the United States that the opinion published at 209 F.3d 1302 misinterpreted parts of the Federal Emergency Management Agency's Financial Assistance/Subsidy Arrangement, 44 C.F.R. pt. 62, app. A, and that we arrived at the wrong result. That opinion...

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