Lunsford v. United States

MEMORANDUM DECISION

NICHOL, Chief Judge.

This Federal Tort Claims action arises from the disastrous flood which occurred in Rapid City, South Dakota, on June 9, 1972, resulting in 238 deaths. The plaintiffs seek to assert claims on behalf of themselves and a class of unnamed persons who suffered personal injury and property damage as a result of the flood. Presently pending before the court are the following motions:

1. Defendant’s motion to dismiss the class action;

2. Plaintiffs’ motion to strike certain portions of the answer;

3. Defendant’s motion to dismiss for lack of subject matter…