1. Home
  2. Browse Decisions
  3. F.2d
  4. 760 F.2d
  5. 760 F.2d 590 (1985)
 

JAMES v. UNITED STATES

Nos. 83-2276, 83-4522.

760 F.2d 590 (1985)

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.

May 16, 1985.

Attorney(s) appearing for the Case

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

Bob Wortham, U.S. Atty., Beaumont, Tex., William J. Cornelius, Jr., Asst. U.S. Atty., Tyler, Tex., for U.S. in No. 83-2276.

Thomas L. Jones, U.S. Dept. of Justice, Washington, D.C., for U.S. in both cases.

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

Joseph S. Cage, Jr., U.S. Atty., Dosite H. Perkins, Jr., Asst. U.S. Atty., Shreveport, La., Rosemary Denson, Torts Branch, Civil Div., Dept. of Justice, Washington, D.C., for U.S. in No. 83-4522.

Before CLARK, Chief Judge, GOLDBERG, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS and HILL, Circuit Judges.

REAVLEY, Circuit Judge:

These cases present the question whether Section 3 of the Flood Control Act of 1928, 33 U.S.C. § 702c (1982), gives the United States absolute immunity where there would otherwise be liability under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-80 (1982), for personal injury resulting from government employees' negligent failure to warn of government-created hazards to known recreational users. We hold that the 1928 Act provides...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases