A federal judge in Louisiana threw out a class action lawsuit yesterday against the U.S. Army Corps of Engineers for failure to properly construct and maintain the New Orleans levee system that broke and flooded homes there during Hurricane Katrina.

But while the decision by U.S. District Court Judge Stanwood R. Duval Jr. in New Orleans dismissed the action against the Corps, it blasted the agency for negligence.

Judge Duval found that the Corps is exempt from suit under the Flood Control Act of 1928, which makes the federal government exempt from suit for levee breaks.

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