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STOVER v. UNITED STATES

No. 18275.

332 F.2d 204 (1964)

Raymond L. STOVER et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 9, 1964.

Attorney(s) appearing for the Case

Goldstein, Barceloux & Goldstein, P. M. Barceloux, Burton J. Goldstein, and Reginald M. Watt, Chico, Cal., and Perkins, Carr & Anderson, Sacramento, Cal., for appellants.

Cecil F. Poole, U. S. Atty., and William B. Spohn, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before CHAMBERS and DUNIWAY, Circuit Judges, and TAYLOR, District Judge.

CHAMBERS, Circuit Judge.

Stover is one of 164 plaintiffs from the vicinity of Yuba City, California, who suffered damage when waters from the Feather River or its tributaries ran over their lands late in December, 1955. They allege this happened because some federally constructed levees broke. The trial court has held that 33 U.S.C. § 702c,1 on the facts here, insulates the United States from liability. We affirm.

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