Legal Opinion
Spillway Marina, Inc. v. United States
Court of Appeals for the Tenth Circuit
Decided July 6, 1971No. 439-70_1PublishedCited by 25 opinions
1Opinion of the Court
BREITENSTEIN, Circuit Judge.
The marina of plaintiff-appellant Spillway Marina, Inc., was damaged by the drawdown of the water level of Tut-tle Creek Reservoir in Kansas. Spillway sued the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2671-2680. The district court held that it was without jurisdiction because the drawdown was within the discretionary function exception to the FTCA, 28 U.S.C. § 2680(a), and, on the government’s motion for summary judgment, dismissed the action.
Tuttle Creek Reservoir, a project of the United States Army Corps of Engineers, was…
2Cases cited14 opinions
- Dalehite v. United StatesSupreme Court of the United States · 1953
- Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
- United Air Lines, Inc. v. Janice Wiener and Catherine B. Nollenberger (Excluding Faith C. Paris), United States of America v. Janice WienerCourt of Appeals for the Ninth Circuit · 1964
- United Air Lines, Inc. v. United StatesSupreme Court of the United States · 1964
- Coates v. United StatesCourt of Appeals for the Eighth Circuit · 1950
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Cameron Smith by His Next Friend, E. J. Smith v. United StatesCourt of Appeals for the Tenth Circuit · 1976
- Miller v. United StatesCourt of Appeals for the Tenth Circuit · 1983
- Bernitsky v. United StatesCourt of Appeals for the Third Circuit · 1980
- Baird v. United StatesCourt of Appeals for the Tenth Circuit · 1981
- Miller v. United StatesCourt of Appeals for the Tenth Circuit · 1983
20 more not listed; retrieve them via the Exa API.