Legal Opinion

Benjamin T. Graci, Jr. v. United States of America, Philip C. Ciaccio v. United States of America, Emanuel Reid, Jr. v. United States

Court of Appeals for the Fifth Circuit

Decided May 21, 1971No. 29015PublishedCited by 52 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

In storm and fury “Betsy’s” winds and resulting high waters wrought destruction upon the plaintiffs’ property and that of many others living in 1965 in Louisiana near the Gulf of Mexico.

These three consolidated cases present the single question whether the immunity clause contained in § 3 of the federal Flood Control Act of 1928, 33 U.S.C. § 702c, applies to these actions under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., for floodwater damage allegedly caused by the negligence of the United States in the construction of the Mississippi River — Gulf Outlet, a…

2Cases cited14 opinions

  1. United States v. Borden Co.Supreme Court of the United States · 1939
  2. Bedford v. United StatesSupreme Court of the United States · 1904
  3. National Mfg. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1954
  4. B Amusement Co. v. United StatesUnited States Court of Claims · 1960
  5. Solon B. Clark, Jr., and Geraldine A. Clark, Husband and Wife, and Related Cases v. United StatesCourt of Appeals for the Ninth Circuit · 1954

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

3Cited by52 opinions

  1. Richard McCarthy v. United StatesCourt of Appeals for the Ninth Circuit · 1988
  2. United States v. JamesSupreme Court of the United States · 1986
  3. Lunsford v. United StatesCourt of Appeals for the Eighth Circuit · 1977
  4. C. S. Lenoir v. Porters Creek Watershed DistrictCourt of Appeals for the Sixth Circuit · 1978
  5. Lunsford v. United StatesCourt of Appeals for the Eighth Circuit · 1977

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

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