Gunnells v. United States

MEMORANDUM ORDER

STAKER, District Judge.

This action is presently before this court on plaintiffs’ motion for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, and defendant’s motion to dismiss, pursuant to Rule 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure.

The claims of the plaintiffs herein arise out of the Buffalo Creek flood disaster of February 26, 1972, in Logan County, West Virginia. Plaintiffs allege that as a proximate result of defendant’s negligence, Buffalo Creek Dam, a water impoundment, ruptured and caused the wrongful deaths herein,…