LaFont v. United States

OPINION

LYDON, Senior Judge:

Plaintiff, an oyster grower, seeks to recover damages, pursuant to 28 U.S.C. § 1497 (1982),1 arising from dredging operations by the United States Army Corps of Engineers (Corps). The Corps had contracted to improve and maintain the navigability of the Barataría Bay Waterway in the State of Louisiana. During the course of contract performance plaintiff’s leased oyster beds were allegedly damaged and/or destroyed.

Defendant has moved for dismissal of the complaint on the ground that plaintiff’s damage claim is barred by the statute of limitations, 28 U.S.C. § 2501…