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DRURY v. U.S. ARMY CORPS OF ENGINEERS

No. 03-30161.

359 F.3d 366 (2004)

Edward R. DRURY, Plaintiff-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS; et al., Defendants, Jim Smith Contracting Company Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 12, 2004.

Attorney(s) appearing for the Case

Garald P. Weller (argued), Metairie, LA, for Plaintiff-Appellant.

Edward D. Markle (argued), Law Office of Edward D. Markle & Associates, New Orleans, LA, for Defendant-Appellee.

Before JONES, EMILIO M. GARZA and BENAVIDES, Circuit Judges.

PER CURIAM:

Appellant, Edward R. Drury ("Drury"), appeals the district court's summary judgment dismissal of his state tort and 42 U.S.C. § 1983 claims against Appellee, Jim Smith Contracting Co. ("Smith"). The district court concluded Drury's claims were time-barred. LA.REV. STAT. ANN. § 9:5624 ("When private property is damaged for public purposes any and all actions for such damages are prescribed by the prescription of two years, which shall begin to...

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