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HARRINGTON v. STATE FARM FIRE & CAS. CO.

Nos. 08-30339, 08-30349 and 08-30536.

563 F.3d 141 (2009)

Lawrence HARRINGTON; Sandra Harrington Fayard; Wilfred Montegue; Christina Montegue; Teri Waggoner; Judith A. Young, Plaintiffs-Appellants, v. STATE FARM FIRE & CASUALTY COMPANY, Defendant-Appellee. Justin Benit; Audrey Benit; Georgia Bigelow; Clarence Bourg; Ruth Bourg; et al., Plaintiffs-Appellants, v. State Farm Fire & Casualty Company, Defendant-Appellee. Andria Arceneaux; Jay Bohrer; Maurice Olivier; Pamela Pitre; Keith Pitre; Adrian Sapia, Sr.; Janet Sapia, Plaintiffs-Appellants, v. State Farm Fire & Casualty Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 20, 2009.

Attorney(s) appearing for the Case

George Frazier (argued), New Orleans, LA, for Plaintiffs-Appellants.

David A. Strauss (argued), Christian Albert Garbett, Sr. and Sarah S. Monsour, King Krebs & Jurgens PLLC, New Orleans, LA, for Defendants-Appellees.

Before GARWOOD, DAVIS and DENNIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Plaintiffs-Appellants ("Appellants") in these consolidated cases sought recovery under their respective homeowner's policies for damage to their homes from Hurricane Katrina. The district courts read Appellants' complaints as seeking damage caused only by flood and dismissed the complaints under FED.R.CIV.P. 12(b)(6). We disagree with the district courts' interpretation of the complaints and conclude that Appellants also sought recovery...

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