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LHOTKA v. U.S.

No. 96-3299.

114 F.3d 751 (1997)

Myron D. LHOTKA, Darlene Lhotka, and Elroy Hanson, Receiver for the Myron Lhotka and Darlene Lhotka Receivership, Appellants, v. UNITED STATES of America and United States Fish and Wildlife Service, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 30, 1997.

Attorney(s) appearing for the Case

Zenas Baer, argued, Hawley, Minnesota, for appellant.

Lonnie Bryan, United States Attorney, argued, Minneapolis, Minnesota, for appellee.

Before MAGILL, MURPHY, Circuit Judges, and GOLDBERG, Judge.

GOLDBERG, Judge.

Appellants Myron Lhotka, Darlene Lhotka, and Elroy Hanson3 ("Lhotkas") appeal the district court's grant of summary judgment in favor of the United States Fish and Wildlife Service, dismissing their state law tort claims of trespass and nuisance. The district court granted summary judgment because it determined (1) that the Lhotkas' claims were time-barred under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2401...

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