Legal Opinion
Dewitt Bank & Trust Company, Conservator of the Estate of William Lance McNeely v. United States
Court of Appeals for the Eighth Circuit
Decided September 7, 1989No. 88-2355PublishedCited by 26 opinions
1Opinion of the Court
FAGG, Circuit Judge.
The government appeals the district court’s judgment awarding damages to William Lance McNeely under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2674 (1982). We reverse.
As part of a multiple purpose project, the United States Army Corps of Engineers (Corps) built a dam that expanded Merri-sach Lake in Arkansas. To prevent park land from eroding into the project, the Corps constructed a retaining wall along the shore. The Corps created a sand beach behind the retaining wall. Beyond the retaining wall, the water level is shallow. The level fluctuates as the…
2Cases cited6 opinions
- Richard McCarthy v. United StatesCourt of Appeals for the Ninth Circuit · 1988
- United States v. JamesSupreme Court of the United States · 1986
- National Mfg. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1954
- Robert E. Denham, Cross-Appellant v. United States of America, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1987
- United States v. James Burton Johnson, James Burton Johnson v. United StatesCourt of Appeals for the Eighth Circuit · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Central Green Co. v. United StatesSupreme Court of the United States · 2001
- Harmon Industries, Inc.,appellee v. Carol M. Browner, in Her Official Capacity as Administrator of the United States Environmental Protection Agency United States of America United Statesenvironmental Protection Agency,appellants. Pacific Legal Foundation Michigan Manufacturers Association Mississippi Manufacturers Association Illinois Manufacturers Association South Carolina Chambers of Commerce Environmental Federation of Oklahoma Arkansas State Chamber of Commerce Associated Industries of Arkansas, Inc. Wisconsin Manufacturers and Commerce the Texas Natural Resource Conservation Commission American Forest & Paper Association American Iron & Steel Institute American Petroleum Institute Chamber of Commerce of the United States Chemical Manufacturers Association Corporate Environmental Enforcement Council Commercial Affairs Committee of the Hazardous Waste Action Coalition National Association of Manufacturers National Mining Association National Petrochemical & Refiners Association Rubber Manufacturers Association Utility Solid Waste Activities Group Washington Legal Foundation Missouri Chamber of Commerce Associated Industries of Missouri, Amici on Behalf of appellee.noCourt of Appeals for the Eighth Circuit · 1999
- Dennis Fryman v. United StatesCourt of Appeals for the Seventh Circuit · 1990
- Sumner Peck Ranch, Inc. v. Bureau of ReclamationDistrict Court, E.D. California · 1993
- Dawson v. United StatesCourt of Appeals for the Third Circuit · 1990
21 more not listed; retrieve them via the Exa API.