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FREEMAN v. U.S.

No. 07-31066.

556 F.3d 326 (2009)

Herbert FREEMAN, Jr., Individually and in his capacity as representative of the estate of Ethel Freeman, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Barbara Eleby Lee; Brenda Bissant; Glenda Eleby; Griffin Eleby, Jr.; Rosalie Brooks; Dorothy Beal; Earline Coleman; Ethel Jackson; Nancy Eleby, Plaintiffs-Appellants, v. United States of America, Defendant-Appellee. Frances Lodriguss, Plaintiff-Appellant, v. United States of America, Defendant-Appellee. Barbara Eleby Lee; Brenda Bissant; Glenda Eleby; Griffin Eleby, Jr.; Rosalie Brooks; Dorothy Beal; Rodney Jackson, for the Estate of Ethel Jackson; Nancy Eleby, Plaintiff-Appellants, v. United States of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 22, 2009.

Attorney(s) appearing for the Case

Frank A. Silvestri (argued), Silvestri & Massicot, Peter Denis Derbes, New Orleans, LA, for Plaintiffs-Appellants.

Peter M. Mansfield (argued), Thomas Landers Watson and Stephen A Higginson, Asst. U.S. Attys., New Orleans, LA, for U.S.

Before KING, DeMOSS and PRADO, Circuit Judges.

KING, Circuit Judge:

We are asked whether the discretionary function exception of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5148, bars a suit based on the federal government's handling of relief efforts in the aftermath of Hurricane Katrina. Plaintiffs allege that the federal government's violations of various provisions of the National Response Plan render the United States liable under the Federal Tort Claims Act, 28 U...

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