National By-Products, Inc. v. The United States

OPINION

DAVIS, Judge. *

The plaintiff, owner of property on the south bank of Papillion Creek, a tributary of the Missouri River near Omaha, Nebraska, claims that the Government breached its informal contract to construct a levee on the plaintiff’s side of the creek (south, or right) when it built one on the facing side (north, or left) to protect Offutt Air Force Base from occasional floods, with, the result that the plaintiff’s property was flooded twice in consecutive months in 1964. Alternatively, plaintiff contends that, by constructing its. levee on the left side of the creek without a…