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PARKS v. UNITED STATES

No. 247, Docket 30834.

370 F.2d 92 (1966)

Herbert F. PARKS, d/b/a Parks Manufacturing Co., Plaintiff-Appellant, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 20, 1966.

Attorney(s) appearing for the Case

Daniel S. Cohen, Utica, N. Y. (Irving M. Basloe, Herkimer, on the brief), for plaintiff-appellant.

Kathryn H. Baldwin, Dept. of Justice, Washington, D. C. (Barefoot Sanders, Asst. Atty. Gen., Morton Hollander, Dept. of Justice, Washington, D. C., and Justin J. Mahoney, U. S. Atty., Northern Dist. of New York, Albany, N. Y., on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and HAYS and FEINBERG, Circuit Judges.

PER CURIAM:

The appellant Parks contends that Judge Brennan, in the Northern District of New York, erred in dismissing his complaint, which alleged that negligence in the United States Government's construction, maintenance and operation of the Herkimer Flood Control Project resulted in flood damage to his property, on the ground that the United States was immune from liability under the provisions of the Flood Control Act, 33 U.S.C. § 702c.

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