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COOLEY v. UNITED STATES

Civil No. 1139 S.D.

172 F.Supp. 385 (1959)

W. R. COOLEY and Carvel Cooley, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. South Dakota, S. D.

April 15, 1959.

Attorney(s) appearing for the Case

M. T. Woods, of Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for plaintiffs.

Clinton G. Richards, U. S. Atty., and H. R. Jackson and Robert L. Jones, Asst. U. S. Attys., Sioux Falls, S. D., for defendant.

MICKELSON, Chief Judge.

Plaintiffs, W. R. Cooley and Carvel Cooley, brought this action against the United States under the provisions of the Federal Tort Claims Act, 28 U.S. C.A. § 1346(b), alleging that by reason of the construction of the Gavins Point Dam and Reservoir and the subsequent impounding of water, some 198.2 acres of their land were wrongfully and unlawfully flooded in February and March of 1956. The plaintiffs claimed that the flooding constituted...

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