NEWS-PRESS v. U.S. DEPT. OF HOMELAND SEC.

Nos. 05-16771, 06-13306.

489 F.3d 1173 (2007)

The NEWS-PRESS, division of Multimedia Holdings Corporation, Cape Publications, Inc., publisher of Florida Today, Pensacola News-Journal, division of Multimedia Holdings Corporation, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF HOMELAND SECURITY, Federal Emergency Management Agency, Defendants-Appellees. Sun-Sentinel Company, publisher of the South Florida Sun-Sentinel, Plaintiff-Appellee, v. U.S. Department of Homeland Security, Federal Emergency Management Agency, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 22, 2007.


Attorney(s) appearing for the Case

Steven L. Brannock, James B. Lake, David Clark Borucke, Holland & Knight, LLP, Gregg D. Thomas, Thomas & LoCicero, PL, Tampa, FL, Charles D. Tobin, Holland & Knight, LLP, Washington, DC, for Plaintiffs-Appellants.

Scott A. Hershovitz, Mark B. Stern, U.S. Dept. of Justice, Washington, DC, Todd B. Grandy, Tampa, FL, Anne R. Schultz, U.S. Atty., Miami, FL, for U.S. Homeland Sec. & FEMA.

Thomas R. Julin, Patricia Acosta, Hunton & Williams, LLP, Miami, FL, for Amici Curiae.

Rachel Elise Fugate, Deanna Kendall Shullman, Thomas & LoCicero, PL, Tampa, FL, David S. Bralow, Tribune Co., New York City, for Sun-Sentinel Co.

Before CARNES, MARCUS and KRAVITCH, Circuit Judges.


MARCUS, Circuit Judge:

These consolidated appeals arise out of an unprecedented storm season in which four hurricanes — Hurricanes Charley, Frances, Ivan, and Jeanne — hit Florida within one six-week period during 2004. In response, the Federal Emergency Management Agency ("FEMA") disbursed $1.2 billion in individual disaster assistance to more than 605,500 Floridians, and also paid out claims to tens of thousands of individuals whose structures were...

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