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KORGEL v. UNITED STATES

No. 79-1310.

619 F.2d 16 (1980)

Albert KORGEL and Margaret Korgel, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 21, 1980.

Attorney(s) appearing for the Case

Jon R. Kerian, Bosard, McCutcheon, Kerian, Schmidt, Holum & Rau, Minot, N. D., filed brief for appellant.

James R. Britton, U. S. Atty., and Herbert A. Becker, Asst. U. S. Atty., Fargo, N. D., filed brief for appellee.

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

HENLEY, Circuit Judge.

Plaintiffs-appellants brought suit in the United States District Court for the District of North Dakota under the Federal Tort Claims Act (FTCA) for flooding allegedly caused by the government's construction and operation of the Minot Air Force Base in North Dakota. At the close of the plaintiffs' case defendant moved to dismiss on the ground that the statute of limitations contained in the FTCA barred...

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