Richard McCarthy v. United States
Court of Appeals for the Ninth Circuit
1Opinion of the Court
TANG, Circuit Judge:
Richard McCarthy appeals the district court’s dismissal of his action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b) and 2671 et seq. McCarthy was severely injured in a diving accident that occurred at a lake owned and operated by the United States and the Army Corps of Engineers as part of a federal flood control project. The district court concluded the United States was immune from liability under the Flood Control Act of 1928, 33 U.S.C. § 702c. We affirm.
I
Lewisville Lake is a reservoir in Denton County, Texas constructed by the…
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