KENNEWICK IRR. DIST. v. U.S.

Nos. 87-4203, 87-4204 and 88-3800.

880 F.2d 1018 (1989)

KENNEWICK IRRIGATION DISTRICT, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. KENNEWICK IRRIGATION DISTRICT; Burlington Northern Railroad Company; National Railroad Passenger Corporation, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. KENNEWICK IRRIGATION DISTRICT, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn February 24, 1989.

Resubmitted March 21, 1989.

Decided July 12, 1989.

As Amended August 28 and October 23, 1989.


Attorney(s) appearing for the Case

Irene M. Solet, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., for defendant-appellant.

Robert J. Crotty and Andrew C. Bohrnsen, Lukins & Annis, P.S., and John C. Riseborough, Paine, Hamblen, Coffin, Brooke & Miller, Spokane, Washington, for plaintiffs-appellees.

Westland, Liebler, Ivey, Larsen, Quigley & Hugill, Kennewick, Wash., for the Kennewick Irrigation Dist.

Before WRIGHT, J. WALLACE and PREGERSON, Circuit Judges.


WALLACE, Circuit Judge:

The United States appeals from a judgment in favor of plaintiffs Kennewick Irrigation District (Kennewick), the National Railway Passenger Corporation (National Railway) and Burlington Northern, Inc. (Burlington Northern). Plaintiffs brought separate suits under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), to recover for property damage and personal injuries arising out of two breaks in Kennewick's main irrigation canal. The...

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