KARLEN v. U.S.

Civ. No. 88-3010.

727 F.Supp. 544 (1989)

Merrill KARLEN, Rosemary Karlen, and Merrill Karlen and Rosemary Karlen as Trustees for Karlen Boys and Karlen Girls Trust, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. South Dakota, C.D.

January 30, 1989.


Attorney(s) appearing for the Case

David R. Gienapp, Arneson, Issenhuth & Gienapp, Madison, S.D., for plaintiff.

Ray P. Murley, Asst. U.S. Atty., Sioux Falls, S.D., for defendant.


MEMORANDUM OPINION

DONALD J. PORTER, Chief District Judge.

On February 16, 1988, plaintiffs Merrill and Rosemary Karlen (the Karlens) filed a complaint in this case alleging that defendant United States had injured their property by negligently designing and constructing a road across the Karlens' land. The Karlens invoke the jurisdiction of this Court under 28 U.S.C. § 1346(b) and the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680.

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