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BORDEN v. ALLSTATE INS. CO.

No. 08-30515.

589 F.3d 168 (2009)

Earl BORDEN, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY; Greg Ruiz, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 20, 2009.

Attorney(s) appearing for the Case

Mary Ann Hand (argued), Salvador E. Gutierrez, Jr., Gutierrez & Hand, Chalmette, LA, for Borden.

Gerald Joseph Nielsen (argued), William Truman Treas, Nielsen Law Firm, L.L.C., Kelly C. Bogart, Jennifer May Morris, Duplass, Zwain, Bourgeois, Pfister, Winstock, Metairie, LA, Daniel Lee Dysart, Dysart & Tabary, Chalmette, LA, for Defendant-Appellee.

Before JONES, Chief Judge, and GARZA and STEWART, Circuit Judges.

EDITH H. JONES, Chief Judge:

Plaintiff Earl Borden ("Borden") appeals a grant of summary judgment in favor of Defendants Allstate Insurance Company ("Allstate") and insurance agent Greg Ruiz ("Ruiz") denying coverage for his Hurricane Katrina flood loss. Borden argues that the district court lacked subject matter jurisdiction and, alternatively, that material fact issues precluded summary judgment. We hold that the district court possessed federal question jurisdiction...

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