Johnson v. United States

BONE, Circuit Judge.

This action for damages under the Federal Tort Claims Act, 28 U.S.C.A. § 921 et seq. [1948 Judicial Code, 28 U.S.C.A. § 2671 ét seq.], was brought against the United States for claimed pollution of appellants’ so-called “clam farm” by vessels of the United States Navy. The alleged pollution occurred from December, 1945 on into 1946, when the Navy, because of the existing congested conditions of many of the country’s ports and consequent reasons of safety, anchored sixteen of its ammunition cargo vessels in Discovery Bay, State of Washington. The vessels, known as “floating…