The 5th U.S. Circuit Court of Appeals issued an emergency orderWednesday barring an effort by the state of Louisiana andplaintiff's lawyers to have the state's attorney general sue theArmy Corps of Engineers on behalf of Hurricane Katrina victims whodon't have lawyers.

The order was issued in response to a hurried effort by theDepartment of Justice to find a way to stop the lawsuit from beingfiled.

The suits are based on allegations that the Corps wasresponsible for levee breaks during the storm that causedwidespread flooding.

The order was issued on the day of the deadline for floodvictims to file suit–the second anniversary of Katrina.

By its decision the court renders moot a suit filed earlier inthe day by Louisiana Attorney General Charles Foti.

U.S. District Judge Stanwood Duval, the appeals court said, didnot have the authority to appoint Attorney General Foti as guardianfor about 350,000 people with claims against the Corps. The DOJ hadinitially turned to Judge Duval to stop the suit from beingfiled.

It was the second rebuke this month from the 5th Circuit ondecisions by Judge Duval. In a ruling dealing with damages fromHurricane Katrina, a panel of the court on Aug. 1 reversed aNovember ruling by Judge Duval that the language excluding claimsfor flood damage in insurance policies in the state was ambiguousand the insurers therefore liable for claims.

Judge Duval had agreed to let the attorney general sue the Corpson behalf of lawyerless claimants who had not yet filed suit. Planscalled for a comparison of the names Mr. Foti submitted with thenames of flood victims who have lawyers, and for those names to beremoved from Mr. Foti's list.

Judge Duval had encouraged all people planning to sue to gettheir own lawyers.

The state Attorney General's Office said it was working on areply to the court order.