MONTIJO-REYES v. U.S.

No. 05-1353.

436 F.3d 19 (2006)

Clara MONTIJO-REYES; Jorge Pimentel-Milanes; Rohaldo Velazquez-Galarza; Iluminada Serrano-Reyes; Ana Aviles-Santiago; Emma Ruiz-Llaneza; Xavier I. Gonzales; Irma Jimenez; Esteban Maltes, Plaintiffs, Appellants, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 24, 2006.


Attorney(s) appearing for the Case

Miguel Sarriera-Roman for appellants.

Isabel Muñoz-Acosta, United States Attorney, with whom Miguel A. Fernandez, Assistant United States Attorney, and H.S. Garcia, Assistant United States Attorney, were on brief, for appellee.

Before SELYA and LYNCH, Circuit Judges, RESTANI, Judge.


RESTANI, Judge.

Plaintiffs-Appellants, owners of properties located near La Marginal Beach in Puerto Rico, bring this action pursuant to the Federal Tort Claims Act ("FTCA") for damages to their homes resulting from the disposal of dredged material on La Marginal Beach under the direction of the U.S. Corps of Engineers ("Corps"). Plaintiffs appeal the district court's grant of summary judgment in favor of the United States...

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