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HOGAN v. U.S.

No. 03-4637.

407 F.3d 778 (2005)

Allen HOGAN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 10, 2005.

Attorney(s) appearing for the Case

ARGUED: David R. Kostreva II, Curry, Roby, Schoenling & Mulvery, Columbus, Ohio, for Appellant. Steven M. Talson, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Robert S. Roby, Curry, Roby, Schoenling & Mulvery, Columbus, Ohio, James D. McNamara, Columbus, Ohio, for Appellant.

Before: SUHRHEINRICH and GILMAN, Circuit Judges; ACKERMAN, District Judge.

OPINION

GILMAN, Circuit Judge.

Allen Hogan, the owner of a 27-acre tract of land in Mansfield, Ohio, brought suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), to recover for damages he allegedly suffered when his property was contaminated by radioactive scrap metal that he purchased from the United States Air Force. The government conceded liability, but denied the existence of any damages. Following a three-day bench trial on the...

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