GRACI v. UNITED STATES

Civ. A. Nos. 15962, 15976, 16091.

301 F.Supp. 947 (1969)

Benjamin T. GRACI, Jr. (Appearing herein for himself and on behalf of all other persons similarly situated) v. UNITED STATES of America. Philip C. CIACCIO (Appearing herein for himself and on behalf of all other persons similarly situated) v. UNITED STATES of America. Emanuel REID, Jr. (Appearing herein for himself and on behalf of all other persons similarly situated) v. UNITED STATES of America.

United States District Court E. D. Louisiana, New Orleans Division.

June 27, 1969.


Attorney(s) appearing for the Case

Jerald N. Andry, G. Gilbert V. Andry, III, Gibson Tucker, Jr., Tucker & Schonekas, New Orleans, La., for plaintiff Graci.

Joseph J. Laura, Jr., Ignatz G. Kiefer, New Orleans, La., for plaintiff Ciaccio.

Charles G. Jacques, Jr., Benjamin J. Birdsall, Jr., James F. Mulla, Jr., New Orleans, La., for plaintiff Reid.

Gene S. Palmisano, Fritz Veters, Asst. U. S. Attys., New Orleans, La., for the United States.


HEEBE, District Judge:

We are presented with the novel question of whether the immunity clause contained in § 3 of the Flood Control Act of 1928, 33 U.S.C. § 702c,1 applies to actions for floodwater damage allegedly occasioned by the negligence of the government in the construction of a navigation aid project.

The issue is raised by way of a motion by the government for a rehearing of the court's previous ruling, through...

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