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HEBERT v. U.S.

No. 05-30223 Summary Calendar.

438 F.3d 483 (2006)

Norris P. HEBERT, Sr., Plaintiff, John C. Wirick, IV; et al., Defendants, John C. Wirick, IV; Ronald Vidallia, Defendants-Third Party Plaintiffs-Appellants, Indian Nations Insurance Company, Intervenor Defendant-Appellant, v. UNITED STATES of America, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 26, 2006.

Attorney(s) appearing for the Case

George D. Ernest, III, David A. Hurlburt, Hurlburt, Privat & Monrose, Lafayette, LA, for Wirick, Vidallia and Indian Nations Ins. Co.

Karen J. King, Lafayette, LA, for U.S.

Before BARKSDALE, STEWART and CLEMENT, Circuit Judges.

CARL E. STEWART, Circuit Judge:

John C. Wirick, IV, Ronald Vidallia and Indian Nations Insurance Company ("Wirick et al.") seek reimbursement from the United States for a settlement they paid in an underlying civil rights claim. They appeal the judgment, and dismissal with prejudice, in favor of the United States in this 42 U.S.C. § 1983 action. For the following reasons, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On September 9, 2001,...

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