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LYNDON PROPERTY INS. CO. v. DUKE LEVY & ASSOCIATES

No. 05-60898.

475 F.3d 268 (2007)

LYNDON PROPERTY INSURANCE CO., Plaintiff-Appellant, v. DUKE LEVY AND ASSOCIATES, LLC, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 3, 2007.

Attorney(s) appearing for the Case

Thomas Craig Anderson, Balch & Bingham, Gulfport, MS, John W. Rourke (argued), Reinert & Rourke, St. Louis, MO, for Plaintiff-Appellant.

James P. Streetman, III, Calvin Paige Herring (argued), Scott, Sullivan, Streetman & Fox, Ridgeland, MS, for Defendant-Appellee.

Before HIGGINBOTHAM, DENNIS and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Before the court is an appeal of the district court's grant of summary judgment in favor of Duke Levy and Associates, LLC ("DLA"). We REVERSE the judgment of the district court regarding the negligence claim and REMAND for proceedings not inconsistent with this opinion.

I. FACTS AND PROCEEDINGS

The Hancock County Water and Sewer District ("District") entered into a contract...

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