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METZGER v. VILLAGE OF CEDAR CREEK, NEB.

No. 03-3051.

370 F.3d 822 (2004)

Katherine W. METZGER, Trustee of The Katherine W. Metzger Revocable Trust, Appellant, v. VILLAGE OF CEDAR CREEK, NEBRASKA; Robert Fuxa, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 8, 2004.

Attorney(s) appearing for the Case

Stephen P. Broghammer, argued, Omaha, NE (Thoms M. White, on the brief), for appellant.

Thomas J. Guilfoyle, argued, Omaha, NE, for appellee Fuxa.

Daniel J. Epstein, argued, Omaha, NE (James D. Garriott, on the brief), for appellee Village of Cedar Creek.

Before RILEY, MCMILLIAN, and MELLOY, Circuit Judges.

RILEY, Circuit Judge.

Katherine W. Metzger (Metzger) filed a complaint alleging a conspiracy by the Village of Cedar Creek, Nebraska (Cedar Creek), and Robert Fuxa (Fuxa) to construct an earthen levee along Turkey Creek. Turkey Creek divides Metzger's and Fuxa's properties. Metzger claims the levee violates federal regulations promulgated by the Federal Emergency Management Agency (FEMA) and adopted by Cedar Creek. The district court1...

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