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CANTRELL v. U.S. DEPT. OF ARMY CORPS OF ENGINEERS

No. 95-5895.

89 F.3d 268 (1996)

Donald CANTRELL; Dorla Cantrell, his wife, Plaintiffs-Appellants, v. UNITED STATES of America, DEPARTMENT OF the ARMY CORPS OF ENGINEERS, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 10, 1996.

Attorney(s) appearing for the Case

Pierre M. de Bourbon (argued and briefed), Pruitt & de Bourbon, Pikeville, KY, for Plaintiff-Appellant Donald Cantrell.

Pierre M. de Bourbon, Bobby Ricky King, Pruitt & de Bourbon, Pikeville, KY, for Plantiff-Appellant Dorla Cantrell.

Dell W. Littrell, Asst. U.S. Attorney (argued and briefed), Lexington, KY, for Defendant-Appellee.

Before: WELLFORD, BOGGS, and COLE, Circuit Judges.

BOGGS, Circuit Judge.

Citing an immunity clause in the Flood Control Act of 1938, the district court granted the United States summary judgment on Donald Cantrell's suit against it for injuries sustained in the crash of an Army Corps of Engineers boat. We reverse, holding that the Flood Control Act does not protect the government from a claim of negligence, even one arising from an accident on a lake used as a flood control reservoir, unless an act constituting part...

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