CANTRELL v. UNITED STATES

Civ. A. No. 94-243.

889 F.Supp. 1006 (1995)

Donald CANTRELL and Dorla Cantrell, his wife, Plaintiffs, v. UNITED STATES of America, Department of the Army Corp of Engineers, Defendants.

United States District Court, E.D. Kentucky, Pikeville Division.

March 21, 1995.


Attorney(s) appearing for the Case

Michael P. DeBourbon, Pruitt & DeBourbon, Pikeville, KY, for plaintiffs.

Dell M. Littrell, U.S. Atty's Office, Lexington, KY, for defendants.


HOOD, District Judge.

This case presents the question whether the Flood Control Act's immunity provision in 33 U.S.C. § 702c, which provides that "[n]o liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place," bars recovery where the Federal Government is arguably liable under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671 et...

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