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AETNA INS. CO. v. UNITED STATES

No. 79-7219.

628 F.2d 1201 (1980)

AETNA INSURANCE COMPANY et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 14, 1980.

Attorney(s) appearing for the Case

Ronald R. Glancz, John F. Cordes (argued), Washington, D.C., on brief, for defendant-appellant.

Terry L. Crapo, Idaho Falls, Idaho, for plaintiffs-appellees.

Before TANG, SCHROEDER and POOLE, Circuit Judges.

SCHROEDER, Circuit Judge:

This is an action by insurance companies against the United States Government to recover more than $7,000,000 in claims paid to insureds as a result of the 1976 collapse of the Teton Dam. The sole issue presented in this interlocutory appeal is whether the suit is barred by the provisions of 33 U.S.C. § 702c, which immunizes the United States from liability for flood damage related to flood control projects. The district court certified...

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