concurring:
I concur fully in the opinion for the Court.
Although, on my approach, it might have been preferable that we simply remand to the District Court for consideration of the state-based claim, it is still open to the State Court on remand to apply, as relevant, perhaps controlling, substantive federal law not going solely to jurisdiction or the implication of a private right of action, the National Flood Insurance Program, 42 U.S.C. § 4012a(a, b) (and all amendments).
This Court has fully approved this approach.
Lowe v. General Motors Corp., 624 F.2d 1373, 1379-81 (5 Cir. 1980).