Legal Opinion

Butler v. United States

Court of Appeals for the Fifth Circuit

Decided March 12, 1984No. Nos. 82-4402, 82-4475PublishedCited by 29 opinions

1Opinion of the Court

GARZA, Circuit Judge:

We have before us appeals and cross-appeals from the district court’s judgment following a trial to the court of consolidated actions for wrongful death against the United States. Plaintiffs represent individuals who drowned in a depression located some 1,500 feet from a seawall, the depression formed by dredging operations of the Army Corps of Engineers while repairing the hurricane-damaged seawall.

Factual Background

The district court’s Findings of Fact, from which our recitation of the facts derives, reflect the following:

Hurricane Betsy slammed into the…

2Cases cited16 opinions

  1. Dalehite v. United StatesSupreme Court of the United States · 1953
  2. Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
  3. Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
  4. United States v. SeckingerSupreme Court of the United States · 1970
  5. Rayonier Inc. v. United StatesSupreme Court of the United States · 1957

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3Cited by29 opinions

  1. Nell D. Autery, as Administratrix of the Estate of Roy Franklin Autery Charlotte Schreiner v. United StatesCourt of Appeals for the Eleventh Circuit · 1993
  2. Trevino v. General Dynamics Corp.Court of Appeals for the Fifth Circuit · 1989
  3. Trailways, Inc. v. Clark, Texas Court of Appeals, 13th District1990
  4. Agnes Wiggins v. United States of America, Through the Department of the ArmyCourt of Appeals for the Fifth Circuit · 1986
  5. Robert E. Denham, Cross-Appellant v. United States of America, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1987

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