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LEONARD v. NATIONWIDE MUT. INS. CO.

No. 06-61130.

499 F.3d 419 (2007)

Paul LEONARD; Julie Leonard, Plaintiffs-Appellees-Cross-Appellants, v. NATIONWIDE MUTUAL INSURANCE CO., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

August 30, 2007.

Attorney(s) appearing for the Case

Richard F. Scruggs (argued), David Zachary Scruggs (argued), B. Humphreys McGee, III, Scruggs Law Firm, Oxford, MS, for Paul and Julie Leonard.

Christopher Landau (argued), Daniel F. Attridge, Elizabeth Marie Locke, Jeffrey B. Wall, Thomas A. Clare, Kirkland & Ellis, Washington, DC, Harry Mitchell Cowan, Watkins, Ludlam, Winter & Stennis, Jackson, MS, for Nationwide Mut. Ins. Co.

Before JONES, Chief Judge, and REAVLEY and SMITH, Circuit Judges.

EDITH H. JONES, Chief Judge:

This homeowner's policy coverage dispute arose from the destruction wrought by Hurricane Katrina along the Mississippi Gulf Coast. We affirm the judgment of the district court, but to do so we must work through some erroneous reasoning that led to its conclusion.

I. Background

The Leonards' home lies twelve feet above sea level on the southmost edge of Pascagoula, Mississippi, less than two hundred yards from the...

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