BURLISON v. UNITED STATES

No. 79-2023.

627 F.2d 119 (1980)

Pat BURLISON, Mitchell Smith, Joy Deck, Bobby Deck, Bertha Droke, H. W. Droke, Bette Droke, E. H. Felker, Bonnie Felker, Tom Felker, Ruby Merrick, David Don Pierce, Ronnie Hamlett, Clifford Hearing, Milva Keating, E. J. Langdon, Fannie Langdon, Joe Langdon, Jimmie O. Lea, Sr., H. A. Lea, Jr., Jack Lee, Jane Mitchell, Beulah Moore, Max R. Moore, Lorraine Smoak, James A. Jones, Leslie Kinchen, Marion E. Tucker, Bill Tucker, Larry Vance, Sammy Davis, Harold Scott, Glenda Scott, Ulous Vance, Luedell Vance, Imagene Young and Bob Hart, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 11, 1980.


Attorney(s) appearing for the Case

James R. Reynolds, Ford, Ford, Crow & Reynolds, Kennett, Mo., for appellants; David Ford, Kennett, Mo., on brief.

Anne T. Shapleigh, Asst. U. S. Atty. (argued), St. Louis, Mo., and Robert D. Kingsland, U. S. Atty., St. Louis, Mo., on brief, for appellee.

Before HEANEY and ARNOLD, Circuit Judges, and WRIGHT, District Judge.


HEANEY, Circuit Judge.

Plaintiffs-appellants appeal from the dismissal of their cause of action brought against the United States for negligently causing water to flood their property. The district court dismissed the claim with prejudice under Fed.R.Civ.P. 12(b).

Appellants are thirty-eight owners and/or tenants of land located in Dunklin County, Missouri. In their original complaint, the appellants alleged the following:

That the Defendant, acting...

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