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FRYMAN v. U.S.

No. 89-1139.

901 F.2d 79 (1990)

Dennis FRYMAN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 26, 1990.

Attorney(s) appearing for the Case

William T. Cahill, Maryann C. Hayes, Phelan, Pope & John, Chicago, Ill., Ronald L. Carpel, Coral Gables, Fla., for plaintiff-appellant.

David Hoff, Asst. U.S. Atty., Office of the U.S. Atty., Danville, Ill., John F. Cordes, Jr., Irene M. Solet, Dept. of Justice, Civil Div., Appellate Section, Washington, D.C., for defendant-appellee.

Before POSNER and EASTERBROOK, Circuit Judges, and MOODY, District Judge.

EASTERBROOK, Circuit Judge.

A nasty flood of the Mississippi River in 1927 led to the Flood Control Act of 1928. Congress authorized a complex system of dams and diversionary channels to reduce the damage high water produces. Any system of flood control shifts the incidence of loss even if it substantially reduces the net damage. People upstream of the dams will be inundated although safe before; people downstream face spectacular...

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