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ST. TAMMANY PARISH EX REL. DAVIS v. FEMA.

No. 08-30070.

556 F.3d 307 (2009)

ST. TAMMANY PARISH, by and through its President, Kevin DAVIS, Plaintiff-Appellant, v. FEDERAL EMERGENCY MANAGEMENT AGENCY; Department of Homeland Security, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 22, 2009.

Attorney(s) appearing for the Case

William Christopher Beary, John L. Fontenot (argued), Orrill Cordell & Beary, New Orleans, LA, for Plaintiff-Appellant.

Sharon Denise Smith (argued), Stephen A. Higginson, Asst. U.S. Atty., New Orleans, LA, for Defendants-Appellees.

Before KING, DeMOSS and PRADO, Circuit Judges.

KING, Circuit Judge:

We are asked to determine whether the discretionary function exception of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5148, bars a suit based on the federal government's decision not to approve funding for debris removal in the aftermath of Hurricane Katrina. St. Tammany Parish brings this lawsuit against the Federal Emergency Management Agency and the Department...

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