Legal Opinion

Daniel A. Boudreau v. United States

Court of Appeals for the Fifth Circuit

Decided June 13, 1995No. 94-10636PublishedCited by 34 opinions

1Opinion of the Court

RHESA HAWKINS BARKSDALE, Circuit Judge:

At issue is whether the Flood Control Act of 1928, 33 U.S.C. § 702c (“No liability ... [to] United States for any damages from ... flood waters.... ”), provides immunity for the United States from the alleged negligence of the Coast Guard Auxiliary in attempting to tow a stranded recreational vessel on a flood control lake. Finding that this activity was “associated with flood control”, United States v. James, 478 U.S. 597, 608, 106 S.Ct. 3116, 3122, 92 L.Ed.2d 483 (1986), we AFFIRM.

I

On July 5, 1992, Daniel Boudreau and a friend took Boudreau’s boat, the…

2Cases cited16 opinions

  1. Dalehite v. United StatesSupreme Court of the United States · 1953
  2. Richard McCarthy v. United StatesCourt of Appeals for the Ninth Circuit · 1988
  3. United States v. JamesSupreme Court of the United States · 1986
  4. Edward L. Lowe v. Ingalls Shipbuilding, a Division of Litton Systems, Inc.Court of Appeals for the Fifth Circuit · 1984
  5. United States v. SponenbargerSupreme Court of the United States · 1939

11 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Pitney Bowes Inc. v. United States Postal ServiceDistrict Court, District of Columbia · 1998
  2. State of California v. United StatesCourt of Appeals for the Federal Circuit · 2001
  3. Loofbourrow v. Commissioner of Internal Revenue ServiceDistrict Court, S.D. Texas · 2002
  4. Fitts v. Federal National Mortgage Ass'nDistrict Court, District of Columbia · 1999
  5. Kennedy v. Texas UtilitiesCourt of Appeals for the Fifth Circuit · 1999

29 more not listed; retrieve them via the Exa API.

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