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MORICI CORP. v. UNITED STATES

Nos. 81-4075, 81-4080.

681 F.2d 645 (1982)

MORICI CORPORATION, a California corporation, Plaintiff-Appellant and Cross-Appellee, v. The UNITED STATES of America, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 15, 1982.

Attorney(s) appearing for the Case

Bruce McDonough, Sacramento, Cal., argued, for Morici Corp.; Martin McDonough, McDonough, Holland & Allen, Sacramento, Cal., on brief.

Marc Johnson, Dept. of Justice, Washington, D. C., argued, for U. S.; Mary Beth Uitti, Asst. U. S. Atty., Sacramento, Cal., Robert S. Greenspan, Dept. of Justice, Washington, D. C., on brief.

Before CHOY, SNEED and SCHROEDER, Circuit Judges.

SCHROEDER, Circuit Judge:

This is an action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680, for crop damage in excess of $1,000,000 allegedly caused by the seepage of water from the Sacramento River in early 1974. Plaintiff Morici Corporation claims that the seepage resulted from excessively high levels of water in the river due to the negligent operation of a dam and reservoir works located upstream from the plaintiff's farm. These works...

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