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JAMES v. UNITED STATES

Nos. 83-2276, 83-4522.

740 F.2d 365 (1984)

Charlotte JAMES, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Kathy BUTLER, Individually and as Surviving Wife and Heir of Eddy Butler, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Susan B. CLARDY, Individually and as Natural Tutrix of the Minors, Bridget Marie Clardy and Kenneth Clardy, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Opinion on Granting Rehearing October 17, 1984.

Attorney(s) appearing for the Case

Sharp, Ward, Price & Hightower, T. John Ward, Richard F. Hightower, Longview, Tex., Old & Old, Mount Pleasant, Tex., for James and Butler.

Robert J. Wortham, U.S. Atty., Beaumont, Tex., William J. Cornelius, Jr., Asst. U.S. Atty., Tyler, Tex., Joseph S. Cage, Jr., U.S. Atty., Shreveport, La., Rosemary Denson and Thomas L. Jones, Torts Branch, Civ. Div., Dept. of Justice, Washington, D.C., for the U.S.

D'Amico, Curet & Dampf, Sam J. D'Amico, Baton Rouge, La., for Clardy.

Before GOLDBERG, RUBIN and REAVLEY, Circuit Judges.

Opinion on Granting Rehearing En Banc October 17, 1984.

REAVLEY, Circuit Judge:

These cases present the question whether Section 3 of the Flood Control Act of 1928, 33 U.S.C. § 702c (1976), gives the United States absolute immunity for its negligence in the operation of flood control projects. Following the analysis of prior cases, we are obliged to answer in the affirmative, but we take this opportunity to express...

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