LUNSFORD v. UNITED STATES

No. 76-1984.

570 F.2d 221 (1977)

Agnes LUNSFORD, as Special Administratrix of the Estates of Theophil Gall and Alice H. Gall, Deceased, Agnes Lunsford and Carol O'Brien as the sole heirs at law and next of kin of Theophil Gall, Alice H. Gall and of Norvel Gall, Deceased, E. F. Lodmell, Jr., as Executor of the Estates of E. F. Lodmell and Anna R. Lodmell, Deceased, E. F. Lodmell, Jr., and Leeann Emme as the sole heirs at law and next of kin of E. F. Lodmell and Anna R. Lodmell, Deceased, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 31, 1977.


Attorney(s) appearing for the Case

Horace R. Jackson, Rapid City, S.D., for appellants; Sam W. Masten and Jeff Masten, Canton, S.D., on brief.

Thomas J. Whalen, New York City, for appellee; Lawrence Mentz and Moffett Burgess Roller, Condon & Forsyth, New York City, Irving Jaffe, Acting Asst. Atty. Gen., Washington, D.C., William F. Clayton, U.S. Atty., Sioux Falls, S.D., Robert E. Kopp, Edwin E. Huddleson, III and J. Charles Kruse, Attys., Dept. of Justice, Washington, D.C., on brief.

Before VAN OOSTERHOUT, Senior Circuit Judge, and HEANEY and WEBSTER, Circuit Judges.


HEANEY, Circuit Judge.

This action was brought as a class action against the United States under the Federal Tort Claims Act [FTCA]. 28 U.S.C. §§ 2671-2680. The named plaintiffs either themselves lost property or are heirs at law, next of kin or court-appointed representatives of persons who died and lost property in the flood which occurred in Rapid City, South Dakota, on June 9, 1972. They sought to bring this action on behalf of all persons who lost their...

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