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UNITED STATES v. JAMES

No. 85-434.

478 U.S. 597 (1986)

UNITED STATES v. JAMES ET AL.

Supreme Court of United States.

Decided July 2, 1986

Attorney(s) appearing for the Case

Andrew J. Pincus argued the cause for the United States. With him on the briefs were Solicitor General Fried, Assistant Attorney General Willard, and Deputy Solicitor General Geller.

T. John Ward argued the cause for respondents. With him on the brief for respondents James et al. were Peter E. Scheer and Joseph N. Onek. Sam J. D'Amico and J. Michael McDonald filed a brief for respondent Clardy.

JUSTICE POWELL delivered the opinion of the Court.

This case presents the question whether the Flood Control Act's immunity provision in 33 U. S. C. § 702c, which states that "[n]o liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place," bars recovery where the Federal Government would otherwise be liable under the Federal Tort Claims Act, 28...

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