Aetna Insurance Company v. United States

SCHROEDER, Circuit Judge:

This is an action by insurance companies against the United States Government to recover more than $7,000,000 in claims paid to insureds as a result of the 1976 collapse of the Teton Dam. The sole issue presented in this interlocutory appeal is whether the suit is barred by the provisions of 33 U.S.C. § 702c, which immunizes the United States from liability for flood damage related to flood control projects. The district court certified this appeal from its order denying the Government’s motion to dismiss. We accepted the appeal and now hold that the district court’s…