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TRADEWINDS ENVIRO. RESTORATION v. ST. TAMMANY PARK

No. 08-30729.

578 F.3d 255 (2009)

TRADEWINDS ENVIRONMENTAL RESTORATION, INC., Plaintiff-Appellant, v. ST. TAMMANY PARK, LLC, Defendant-Appellee, Colony Insurance Company, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 4, 2009.

Attorney(s) appearing for the Case

Harvey C. Koch (argued), Montgomery, Barnett, Brown, Read, Hammond & Mintz, Francis P. Accardo (argued), Pugh, Accardo, Haas & Radecker, New Orleans, LA, for Plaintiff-Appellant.

Edwin Scott Hackenberg (argued), John L. Henchy, Henchy, Verbois & Hackenberg, Baton Rouge, LA, for St. Tammany Park, LLC.

Michael J. Vondenstein, Hailey, McNamara, Hall, Larmann & Papale, Metairie, LA, for Colony Ins. Co.

William P. Bryan, III (argued), Baton Rouge, LA, for Amicus Curiae, State of LA.

W. Lee Kohler, Joseph P. Guichet, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, for Amicus Curiae, Travelers Indem. Co. of CT.

Before WIENER, DENNIS, and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Plaintiff-Appellant Tradewinds Environmental Restoration, Inc. ("Tradewinds") appeals the district court's grant of summary judgment in favor of Defendant-Appellee St. Tammany Park, LLC ("STP"). For the following reasons, we affirm.

FACTS AND PROCEEDINGS

STP owned an apartment complex in Covington, Louisiana, that was damaged by Hurricanes Katrina and Rita (the "Hurricanes"). STP was advised by its insurer, Colony...

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