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SCHELL v. NATIONAL FLOOD INSURERS ASS'N

Civ. A. No. 80-K-244.

520 F.Supp. 150 (1981)

C. Allen SCHELL, et al., Plaintiffs, v. NATIONAL FLOOD INSURERS ASSOCIATION, Continental National Assurance Co., Secretary of the U.S. Dept. of Housing and Urban Development, U.S. Dept. of Housing and Urban Development, and the United States of America, Defendants.

United States District Court, D. Colorado.

Supplemental Opinion August 27, 1981.

Attorney(s) appearing for the Case

David L. Kofoed, Denver, Colo., for plaintiffs.

Bruce Menk, John R. Trigg, Hall & Evans, Denver, Colo., for all defendants except federal defendants.

R. J. Brumbaugh, Asst. U.S. Atty., Denver, Colo., for federal defendants.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

Plaintiffs' two-count amended complaint stems from the flood of the Big Thompson Canyon in July, 1976. Plaintiffs allege that defendants committed themselves to publicize to the plaintiffs the availability of flood insurance under the National Flood Insurance Act, 42 U.S.C. §§ 4001-4127. Count I alleges that defendants' failure to publicize negligently and proximately caused injury to the plaintiffs...

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