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THOMAS v. CITY OF GALVESTON, TEXAS

Civil Action No. H-10-3331.

800 F.Supp.2d 826 (2011)

Kerry L. THOMAS, Plaintiff, v. CITY OF GALVESTON, TEXAS, et al., Defendants.

United States District Court, S.D. Texas, Houston Division.

August 1, 2011.

Attorney(s) appearing for the Case

Robert D. Kinsey, Jr. , Kinsey Ridenour et al., Ryan P. Sullivan , Kinsey Rowe Becker Kistler LLP, Lincoln, NE, for Plaintiff.

William Scott Helfand , Norman Ray Giles , Chamberlain Hrdlicka et al., Houston, TX, for Defendants.

MEMORANDUM AND ORDER

KEITH P. ELLISON, District Judge.

Pending before the Court is Defendants' Motion to Dismiss for Failure to State a Claim (Doc. No. 6). After considering the parties' arguments and the applicable law, the Court grants the motion in part and denies it in part.

I. BACKGROUND1

This case arises from events that occurred in Galveston, Texas in the aftermath of Hurricane Ike ("the...

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