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ALDRICH ENTERPRISES, INC. v. U.S.

Nos. 88-2575, 89-1038.

938 F.2d 1134 (1991)

ALDRICH ENTERPRISES, INC., etc., et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 4, 1991.

Attorney(s) appearing for the Case

Jerry E. Cardwell, Denver, Colo. (George T. Ashen, Denver, Colo., Henry Pedersen, Jr., Estes Park, Colo., Joseph C. French and David M. Haynes of French & Stone, P.C., Jonathan M. Jellema of Bragg & Dubofsky, P.C., Boulder, Colo., Richard A. Winkel, Denver, Colo., Dale S. Carpenter of Dale S. Carpenter, II, Lakewood, Colo., Joseph P. Genchi of Joseph P. Genchi, P.C., Estes Park, Colo., and Robert B. Miller of Miller, Hale & Harrison, Boulder, Colo., with him on the brief), for plaintiffs-appellants.

Phyllis Jackson Pyles, Asst. Director, Torts Branch, Civil Div., U.S. Dept. of Justice, Washington, D.C. (John R. Bolton, Asst. Atty. Gen., Michael J. Norton, U.S. Atty., and Jeffrey Axelrad, Director, Torts Branch, Civil Div., U.S. Dept. of Justice, Washington, D.C., with her on the brief), for defendant-appellee.

Before HOLLOWAY, Chief Judge, and SEYMOUR and ANDERSON, Circuit Judges.

HOLLOWAY, Chief Judge.

Certain residents and property owners of the Town of Estes Park, Colorado (the Landowners) commenced this action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b) and 2671, et seq., seeking to recover for property damage allegedly resulting from the collapse of Lawn Lake Dam. Two consolidated appeals are presently before us. In No. 88-2575, the Landowners appeal from the district court...

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