Herbert F. Parks, D/B/A Parks Manufacturing Co. v. The United States of America

The appellant Parks contends that Judge Brennan, in the Northern District of New York, erred in dismissing his complaint, which alleged that negligence in the United States Government’s construction, maintenance and operation of the Herkimer Flood Control Project resulted in flood damage to his property, on the ground that the United States was immune from liability under the provisions of the Flood Control Act, 33 U.S.C. § 702c. 1 Appellant argues that the scope of immunity provided by § 702c is limited to floods which are natural in origin as opposed to those which are man-made, and…