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GALLUP v. OMAHA PROPERTY AND CAS. INS. CO.

No. 04-31213.

434 F.3d 341 (2005)

C.W. GALLUP, also known as Bo Gallup, Susan Mock Gallup, Plaintiffs-Appellees, v. OMAHA PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 21, 2005.

Attorney(s) appearing for the Case

Deborah Cunningham Foshee, Jon Anthony Van Steenis (argued), Hemelt & Foshee, Covington, LA, for Plaintiffs-Appellees.

Gerald Joseph Nielsen (argued), William Truman Treas, Nielsen Law Firm, Metairie, LA, for Defendant-Appellant.

Sandra Wien Simon (argued), William Kanter, U.S. Dept. of Justice, Civ. Div., Washington, DC, for Amicus Curiae, U.S.

Before DAVIS, SMITH and DENNIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Omaha Property and Casualty Company, a Write Your Own insurer under the National Flood Insurance Program, appeals the district court's interlocutory order that the plaintiffs' state law tort claims against the insurer are not preempted by federal law pursuant to regulations promulgated by FEMA under authority of the National Flood Insurance Act of 1968. Based on this court's holding in Wright v. Allstate Ins. Co.,

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