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COMMERCE AND INDUSTRY INS. CO. v. GRINNELL CORP.

No. 01-30373.

280 F.3d 566 (2002)

COMMERCE AND INDUSTRY INSURANCE COMPANY, Plaintiff, v. GRINNELL CORPORATION, Etc.; et al., Defendants. Ian David McAuslin, Etc.; et al., Plaintiffs, Indemnity Marine Assurance Co. Ltd.; Sphere Drake Insurance PLC; London & Edinburgh Insurance Co. Ltd.; Commercial Union Assurance PLC; Terra Nova Insurance Co. Ltd.; The Yorkshire Insurance Co. Ltd.; Cornhill Insurance PLC; Ocean Marine Insurance Co. Ltd.; Skandia Marine Insurance Company (U.K.) Ltd.; Axa Marine & Aviation Insurance (U.K.) Ltd., Plaintiffs-Appellants, v. Grinnell Corporation, etc.; et al., Defendants, City of New Orleans, Individually and doing business as City of New Orleans Fire Department, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 1, 2002.

Attorney(s) appearing for the Case

Philip S. Brooks, Jr. (argued), Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, LA, Lawrence W. Pollack, LeBoeuf, Lamb, Greene & MacRae, New York City, for Plaintiffs-Appellants.

Julian R. Murray, Jr. (argued), Chehardy, Sherman, Ellis, Breslin & Murray, Metairie, LA, for Defendant-Appellee.

Before DUHÉ, WIENER, and BARKSDALE, Circuit Judges.

WIENER, Circuit Judge:

Plaintiffs-Appellants are insurance companies (collectively, "the Insurance Companies") which brought a subrogation suit against, inter alia, Defendant-Appellee City of New Orleans ("the City") to recover payments that they had made to their insured for losses incurred in a warehouse fire. The Insurance Companies now appeal the district court's grant of the City's motion for summary judgment based on Louisiana's discretionary function...

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