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TAYLOR v. UNITED STATES

No. 78-1585.

590 F.2d 263 (1979)

Donald W. TAYLOR and Doris Taylor, Appellees, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 4, 1979.

Attorney(s) appearing for the Case

Herbert A. Becker, Asst. U. S. Atty., Fargo, N. D., for appellant; Names appearing on briefs are James R. Britton, U. S. Atty., Fargo, N. D., on brief.

Herbert L. Meschke of Pringle & Herigstad, Minot, N. D., for appellees; M. R. McIntee of McIntee & Whisenand, Williston, N. D., on brief.

Before GIBSON, Chief Judge, and BRIGHT and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

This case comes before us on appeal from the trial court's1 denial of a motion for summary judgment made by the appellant-defendant United States Government. The issue presented is whether 33 U.S.C. § 702c2 provides immunity to the United States for the water damage that occurred to appellee-plaintiffs Donald and Doris Taylor's property in the summer of 1975. We hold the government...

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