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McCLASKEY v. UNITED STATES

No. 21497.

386 F.2d 807 (1967)

Minnie McCLASKEY, Roy Grant and Nina Grant, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

November 21, 1967.

Attorney(s) appearing for the Case

Dick & Dick, Roger L. Dick (argued), The Dalles, Or., McCulloch, Dezendorf & Spears, Portland, Or., for appellants.

Sidney I. Lezak, U. S. Atty., Portland, Or., Carl Eardley (argued), Acting Asst. Atty. Gen., Kathryn H. Baldwin, Jack H. Weiner, Attys., Civil Division, Dept. of Justice, Washington, D. C., for appellee.

Before MADDEN, Judge of the Court of Claims, and MERRILL and DUNIWAY, Circuit Judges.

MERRILL, Circuit Judge:

Appellants, proceeding under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b), seek damages for injury to their motel property located in Arlington, Oregon. They contend that due to negligent obstruction of China Creek by its Corps of Engineers the Government caused flood waters to back upon and damage their property.

The District Court, 261 F.Supp. 912 (D.Or.1966), found negligence on the...

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