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ARIAS-BENN v. STATE FARM FIRE & CAS. INS. CO.

No. 06-30771.

495 F.3d 228 (2007)

Maria ARIAS-BENN, Individually and On Behalf of the Class, Plaintiff-Appellant, v. STATE FARM FIRE & CASUALTY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 6, 2007.

Attorney(s) appearing for the Case

R. Ray Orrill, Jr., Stephen D. Collins (argued), Orrill, Cordell & Beary, New Orleans, LA, for Plaintiff-Appellant.

Wayne J. Lee (argued), Sarah House Barcellona, Stone, Pigman, Walther & Wittmann, New Orleans, LA, for Defendant-Appellee.

Before KING, DAVIS and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Maria Arias-Benn appeals the Federal Rule of Civil Procedure 12(b)(6) (failure to state a claim) dismissal, with prejudice, of her complaint against State Farm Fire & Casualty Insurance Company, concerning its refusal to replace policyholders' freezer and refrigerator units damaged by food putrefaction as a result of power outages after Hurricane Katrina. AFFIRMED.

I.

Hurricane Katrina in August 2005 resulted...

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