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PAYNE v. UNITED STATES

No. 83-7121.

730 F.2d 1434 (1984)

Caroline P. PAYNE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 30, 1984.

Attorney(s) appearing for the Case

J. Paul Whitehurst, Henley, Whitehurst & Shirley, P.C., Northport, Ala., for plaintiff-appellant.

Henry I. Frohsin, Asst. U.S. Atty., Birmingham, Ala., for defendant-appellee.

Before GODBOLD, Chief Judge, RONEY and KRAVITCH, Circuit Judges.

RONEY, Circuit Judge:

Caroline Payne filed suit against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C.A. § 1346(b), for losses incurred when dredging by the Corps of Engineers caused river bank erosion so that her land gave way and her home fell into the Tombigbee River. On summary judgment, the district court held that the FTCA's discretionary function exception, 28 U.S.C.A. § 2680(a), immunized the Government from liability. We affirm...

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