DEWITT BANK & TRUST CO. v. U.S.

No. 88-2355.

878 F.2d 246 (1989)

DEWITT BANK & TRUST COMPANY, Conservator of the Estate of William Lance McNeely, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 26, 1989.

Rehearing and Rehearing Denied September 7, 1989.


Attorney(s) appearing for the Case

Sophie Smyth, Washington, D.C., for appellant.

Sidney S. McMath, Little Rock, Ark., for appellee.

Before FAGG, Circuit Judge, ROSS, and TIMBERS, Senior Circuit Judges.


Rehearing and Rehearing En Banc Denied September 7, 1989.

FAGG, Circuit Judge.

The government appeals the district court's judgment awarding damages to William Lance McNeely under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2674 (1982). We reverse.

As part of a multiple purpose project, the United States Army Corps of Engineers (Corps) built a dam that expanded Merrisach Lake in Arkansas. To prevent park land from eroding into...

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