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BOUDREAU v. U.S.

No. 94-10636.

53 F.3d 81 (1995)

Daniel A. BOUDREAU, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 13, 1995.

Attorney(s) appearing for the Case

Richard L. Bufkin, Mark A. Nacol, Michael P. Wortham, Dallas, TX, for appellant.

Gary W. Allen, Keith B. Letourneau, U.S. Dept. of Justice, Torts Branch Civ. Div., Washington, DC, for appellee.

Before SMITH and BARKSDALE, Circuit Judges, and FITZWATER, District Judge.

RHESA HAWKINS BARKSDALE, Circuit Judge:

At issue is whether the Flood Control Act of 1928, 33 U.S.C. § 702c ("No liability ... [to] United States for any damages from ... flood waters...."), provides immunity for the United States from the alleged negligence of the Coast Guard Auxiliary in attempting to tow a stranded recreational vessel on a flood control lake. Finding that this activity was "associated with flood control", United States v. James,

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