OWEN v. U.S.

No. 87-1405.

851 F.2d 1404 (1988)

William Eugene OWEN, as Executor of the Estate of Caroline Pearson Payne, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 18, 1988.


Attorney(s) appearing for the Case

Kenneth A. Pels, Borzilleri, Baker & Pels, Washington, D.C., argued for plaintiff-appellant. With him on the brief was Andrew F. Reish.

Maria A. Iizuka, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Roger J. Marzulla, Acting Asst. Atty. Gen., Frank W. Donaldson, U.S. Atty., Birmingham, Ala., Patricia N. Young and Martin W. Matzen. Also on the brief was Carolyn J. Lynch, U.S. Army Corps of Engineers, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, FRIEDMAN, RICH, DAVIS, SMITH, NEWMAN, BISSELL, ARCHER and MAYER, Circuit Judges, and BENNETT, Senior Circuit Judge.


BENNETT, Senior Circuit Judge.

Appellant William Eugene Owen, in his capacity as executor of the estate of Caroline Pearson Payne,1 brought suit in the United States Claims Court against the United States, seeking compensation for losses allegedly incurred when dredging in the Tombigbee River by the Army Corps of Engineers (Corps) resulted in erosion which caused Payne's land and eventually her house to topple into the river. The Claims...

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