COLUMBIA VENTURE, LLC v. DEWBERRY & DAVIS, LLC

No. 08-1318.

604 F.3d 824 (2010)

COLUMBIA VENTURE, LLC, Plaintiff-Appellant, v. DEWBERRY & DAVIS, LLC, Defendant-Appellee, and United States of America, Party-in-Interest. United States of America; American Council of Engineering Companies; American Council of Engineering Companies of Metropolitan Washington; American Society of Civil Engineers; Association of Floodplain Managers, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 12, 2010.


Attorney(s) appearing for the Case

ARGUED: Manton McCutchen Grier, Haynsworth, Sinkler & Boyd, PA, Columbia, South Carolina, for Appellant. Sharon Swingle, United States Department of Justice, Washington, D.C., for the United States of America, Amicus Supporting Appellee; James F. Lee, Jr., Lee & McShane, PC, Washington, D.C., for Appellee. ON BRIEF: Hamilton Osborne, Jr., James Y. Becker, Sarah Michaels Montgomery, Haynsworth, Sinkler & Boyd, PA, Columbia, South Carolina, for Appellant. Jonathan P. Rolfe, Lee & McShane, PC, Washington, D.C.; Francis M. Mack, David A. Anderson, Mason M. Summers, Richardson Plowden & Robinson, PA, Columbia, South Carolina, for Appellee. Gregory G. Katsas, Assistant Attorney General, United States Department of Justice, Washington, D.C., W. Walter Wilkins, United States Attorney, Columbia, South Carolina, Michael Jay Singer, United States Department of Justice, Washington, D.C., for the United States of America, Amicus Supporting Appellee. E. Duncan Getchell, Jr., Robert L. Hodges, Jeffrey S. Shapiro, Erin M. Sine, McGuirewoods, LLP, Richmond, Virginia, for American Council of Engineering Companies, American Council of Engineering Companies of Metropolitan Washington, American Society of Civil Engineers, Amici Supporting Appellee. David K. Mears, Vermont Law School, Environmental and Natural Resources Law Clinic, South Royalton, Vermont; Jon Kusler, Associate Director, Association of State Wetland Managers, Berne, New York, for Association of Floodplain Managers, Amicus Supporting Appellee.

Affirmed by published opinion. Judge SHEDD wrote the opinion, in which Judge MOTZ and Senior Judge ROTH joined.


OPINION

SHEDD, Circuit Judge:

Columbia Venture, LLC appeals an order of the district court dismissing its second amended complaint with prejudice. See Fed.R.Civ.P. 12(b)(6). The court concluded that Columbia Venture's state law claims are preempted by the National Flood Insurance Act of 1968 ("NFIA"), 42 U.S.C. §§ 4001 et seq. For the following reasons, we affirm.

I.

A...

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