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KROMAREK v. UNITED STATES

No. 71-1454.

458 F.2d 34 (1972)

Frank KROMAREK and Inez Kromarek, Appellants, v. UNITED STATES of America et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 17, 1972.

Attorney(s) appearing for the Case

Harry L. Malloy, Dickinson, N. D., filed appendix and brief for appellants.

R. J. Bloedau, Mott, N. D., filed brief for appellee, The Bowman County Water Management District.

Kent Frizzell, Asst. Atty. Gen., George R. Hyde, and Larry G. Gutterridge, Attys., Dept. of Justice, Washington, D. C. and Harold O. Bullis, U. S. Atty. and Eugene K. Anthony, Asst. U. S. Atty., Fargo, N. D., filed brief for United States.

Before VAN OOSTERHOUT, MEHAFFY and STEPHENSON, Circuit Judges.

PER CURIAM.

Appellants Kromarek brought suit against the United States under the Federal Tort Claims Act, 28 U.S.C.A. § 1346, for damages suffered in the loss of a flowing spring and well located on their farm.1 The farm is adjacent to land on which the Bowman-Haley Dam and reservoir was constructed. Appellants allege the damage was caused as the proximate result of wrongful acts, omissions, and negligence on the part of the defendants...

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