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HAYES v. UNITED STATES

No. 77-2347.

585 F.2d 701 (1978)

Kyle HAYES, Appellant, v. The UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 27, 1978.

Attorney(s) appearing for the Case

Samuel C. Evans, North Wilkesboro, N. C. (Kyle Hayes, Hayes & Hayes, North Wilkesboro, N. C., on brief), for appellant.

Allen Holt Gwyn, Asst. U. S. Atty. (H. M. Michaux, Jr., U. S. Atty., Durham, N. C., and V. Edward Jennings, Jr., Asst. U. S. Atty., Greensboro, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, COWEN, Senior Judge, and WIDENER, Circuit Judge.

HAYNSWORTH, Chief Judge:

The plaintiff sought damages from the United States for erosion of a river bank and flooding of the low-lying areas of his farm located on the Yadkin River, downstream from the Kerr Scott Dam. It is alleged that the damage to the farm was caused by the operation of the dam's flood gates. The district court dismissed the action under F.R.C.P. Rule 12(b)(6) for failure to state a claim, relying upon the immunity granted the United States by...

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