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PIERCE v. UNITED STATES

CA No. 78-3661.

650 F.2d 202 (1981)

Theodore A. PIERCE and Theodore R. Pierce, d/b/a Pierce & Pierce; S & P Farms, Inc., an Arizona Corporation; Gene Narramore and F. L. Narramore, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 6, 1981.

Rehearing Denied August 6, 1981.

Attorney(s) appearing for the Case

J. Gordon Cook, Renaud, Cook, & Videan, P.A., Phoenix, Ariz., for plaintiffs-appellants.

Jose M. Uranga, Washington, D.C., for defendant-appellee.

Before DUNIWAY and TRASK, Circuit Judges, and JAMESON, District Judge.

TRASK, Circuit Judge:

This appeal involves an action against the United States brought by several individuals and a corporation under the Federal Tort Claims Act, 28 U.S.C. § 1346. Appellants sued the Government for damages to their land suffered because of impoundment of flood waters behind the Painted Rock Flood Control Dam on the Gila River in Arizona.

The Government impounded flood waters behind the dam to minimize flood damage to downstream landowners...

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