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LONATRO v. U.S.

No. 12-30425.

714 F.3d 866 (2013)

Terry LONATRO; Nida Lonatro; Craig Berthold; Cindy Berthold; Dante Maraldo; Monique Maraldo; Amy Sins; George Sins; Albert Zuniga; Kathleen Zuniga; Roy Arrigo; Tammy Arrigo, Plaintiffs-Appellees v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 25, 2013.

Attorney(s) appearing for the Case

Randall Alan Smith , Smith & Fawer, L.L.C., New Orleans, LA, for Plaintiffs-Appellees.

Elizabeth Ann Peterson , William Brandt Lazarus , U.S. Department of Justice, Environment & Natural Resources Division-Appellate Section, Washington, DC, Glenn Kenneth Schreiber , Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Louisiana, New Orleans, LA, for Defendant-Appellant.

Before KING, HIGGINBOTHAM, and CLEMENT, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The district court concluded that it had subject matter jurisdiction over this action pursuant the Quiet Title Act, 28 U.S.C. § 2409a ("QTA"). We disagree and reverse.

I.

Plaintiffs own and reside on property in Orleans Parish, Louisiana that is "immediately adjacent to and/or abutting the levee surrounding the 17th Street Canal." Following Hurricane Katrina, Congress authorized the United States Army...

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