BOROUGH OF FORD CITY v. UNITED STATES

No. 14832.

345 F.2d 645 (1965)

BOROUGH OF FORD CITY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Third Circuit.

Decided April 28, 1965.

Rehearing Denied May 26, 1965.


Attorney(s) appearing for the Case

Howard O. Sigmond, Dept. of Justice, Lands Div., Washington, D. C., Ramsey Clark, Asst. Atty. Gen., Gustave Diamond, U. S. Atty., Pittsburgh, Pa., Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., for appellant.

John B. McCue, McCue & Bertocchi, Kittanning, Pa., George P. Cheney, Jr., Pittsburgh, Pa., for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.


McLAUGHLIN, Circuit Judge.

Plaintiff-appellee is a municipality of the Commonwealth of Pennsylvania. This litigation arose out of alleged damage to its sewer system claimed to have been due to the construction in 1928 by the Department of the Army of a lock and dam on the Allegheny River about five and a half miles below Ford City. Suit was filed September 20, 1960, solely on the authority of a special jurisdictional act of Congress (P.L. 86-538, 74 Stat. 252) which...

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