Albert Korgel and Margaret Korgel v. United States

HENLEY, Circuit Judge.

Plaintiffs-appellants brought suit in the United States District Court for the District of North Dakota under the Federal Tort Claims Act (FTCA) for flooding allegedly caused by the government’s construction and operation of the Minot Air Force Base in North Dakota. At the close of the plain tiffs’ case defendant moved to dismiss on the ground that the statute of limitations contained in the FTCA barred recovery. The court granted the motion and plaintiffs appeal. We affirm.

I

The present controversy stems from the flooding of approximately 360 acres of plaintiffs’…