United States Fifth Circuit

In an indemnity action involving losses due to a fire, summary judgment based on Louisiana's discretionary function immunity statute was improper where genuine issues of material fact existed regarding whether a statute, regulation, or policy dictated the firefighters' course of action in responding to the fire.

Appellate Information

• Decided 02/01/2002
• Published 02/01/2002

Judges

• WIENER, Circuit Judge:, Before DUHÉ, WIENER, and BARKSDALE, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Philip S. Brooks, Jr. (argued), Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, LA, Lawrence W. Pollack, LeBoeuf, Lamb, Greene & MacRae, New York City, for Plaintiffs-Appellants.


• For Appellees:
  
• Julian R. Murray, Jr. (argued), Chehardy, Sherman, Ellis, Breslin & Murray, Metairie, LA, for Defendant-Appellee.