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DAWSON v. U.S.

Nos. 89-3370, 89-3371.

894 F.2d 70 (1990)

Dennis DAWSON, Executor of the Will of Timothy Brian Keenan, Deceased, Appellant, v. UNITED STATES of America. Rebecca FISHER, Administratrix of the Estate of David Allen Fisher, Deceased, Appellant, v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided January 16, 1990.

Attorney(s) appearing for the Case

Joseph P. Moschetta, Joan E. Lesnoch (argued), Washington, Pa., for appellants.

Paul J. Brysh, Bonnie R. Schlueter (argued), U.S. Atty's Office, Pittsburgh, Pa., for appellee.

Before HUTCHINSON, NYGAARD, Circuit Judges, and DUBOIS, District Judge.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

These consolidated cases involve two drownings that occurred at the Somerfield North Recreation Area, located on the Youghiogheny River Lake in Somerset County, Pennsylvania. The single issue presented is whether section 3 of the Flood Control Act of 1928, 33 U.S.C. § 702c, immunizes the United States from liability for these drownings at a flood control project. The district court held that section 702c...

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