Graci v. United States

HEEBE, District Judge:

We are presented with the novel question of whether the immunity clause contained in § 3 of the Flood Control Act of 1928, 33 U.S.C. § 702c, 1 applies to actions for floodwater damage allegedly occasioned by the negligence of the government in the construction of a navigation aid project.

The issue is raised by way of a motion by the government for a rehearing of the court’s previous ruling, through Judge Christenberry of this district, denying a motion to dismiss. The original motion was based on three separate grounds, and was denied by Judge Christenberry as to all…