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A.O. SMITH CORP. v. U.S.

Nos. 13-5578, 13-5599.

774 F.3d 359 (2014)

A.O. SMITH CORPORATION, Gaylord Entertainment Company, Opryland Hotel Nashville, LLC, Grand Ole Opry, LLC, Gaylord Program Services, Inc., Opryland Attractions, LLC, Wildhorse Saloon Entertainment Ventures, Inc., OLH, G.P., Gaylord Hotels, Inc. (13-5578); Continental Insurance Company, Gibson Guitar Corp., Harris Corporation, OSG Ship Management, Inc., Carters Inc., L-3 Communications Holdings Inc., Qinetiq North America Operations LLC, ABC Bus Companies Inc., Indemnity Insurance Company of North America, Tokio Marine & Nichido Fire Insurance Co., Ltd. (U.S. Branch), Nissan North America, Inc., Metal One Holdings America, Inc., Fireman's Fund Insurance Company (13-5599), Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 18, 2014.

Attorney(s) appearing for the Case

ARGUED: Patricia Head Moskal , Bradley Arant Boult Cummings LLP, Nashville, Tennessee, for Appellants in 13-5578. Anthony J. Pruzinsky , Hill Rivkins LLP, New York, New York, for Appellants in 13-5599. Alisa B. Klein , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Patricia Head Moskal , Robert S. Patterson , Edmund S. Sauer , Bradley Arant Boult Cummings LLP, Nashville, Tennessee, for Appellants in 13-5578. Keith B. Dalen , Lauren E. Komsa , Hill Rivkins LLP, New York, New York, for Appellants in 13-5599. Alisa B. Klein , Mark B. Stern , United States Department of Justice, Washington, D.C., for Appellee.

Before: BATCHELDER and McKEAGUE, Circuit Judges; OLIVER, District Judge.

OPINION

Appellants in these consolidated cases contend that the Army Corps of Engineers ("Corps") negligently failed to follow its flood protocols in operating Old Hickory Dam, exacerbating the property damage caused by a one-thousand-year flood event in Tennessee. The district court dismissed Appellants...

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