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COATES v. UNITED STATES

No. 14093.

181 F.2d 816 (1950)

COATES et al. v. UNITED STATES.

United States Court of Appeals Eighth Circuit.

May 4, 1950.

Attorney(s) appearing for the Case

B. Sherman Landau, St. Louis, Mo. (Louis E. Miller and Miller & Landau, St. Louis, Mo., on the brief), for appellants.

S. Billingsley Hill, Attorney, Department of Justice, Washington, D. C. (A. Devitt Vanech, Assistant Attorney General, Drake Watson, United States Attorney, Charles J. Hughes, Special Assistant to the United States Attorney, St. Louis Mo., and Roger P. Marquis, Attorney, Department of Justice, Washington, D. C., on the brief), for appellee.

Before SANBORN, WOODROUGH and THOMAS, Circuit Judges.

WOODROUGH, Circuit judge.

Statement.

The appellants instituted this action against the United States on November 26, 1948, to recover $179,540.05, for the flooding and alleged consequent destruction of their farm and crops. The complaint averred that the "action arises under the Fifth Amendment to the Constitution of the United States and also under the Federal Tort Claims Act, 28 U.S.C. Sec. 1346 (b)." As the basis of the claim it was alleged in the complaint...

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