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HURST v. U.S.

Civ. No. 87-3018.

739 F.Supp. 1377 (1990)

Re Dennis HURST and Joyce Hurst, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. South Dakota.

June 22, 1990.

Attorney(s) appearing for the Case

Michael Abourezk, Walford E. Eklund, Johnson, Eklund & Davis, Gregory, S.D., for plaintiffs.

Philip N. Hogen, U.S. Atty., Sioux Falls, S.D., for defendant U.S.

MEMORANDUM OPINION

DONALD J. PORTER, Chief Judge.

I. BACKGROUND

The Hursts brought this action, along with a pendent state-law claim against Don Hight1, alleging that, under the supervision of the Army Corps of Engineers (Corps), Hight negligently constructed two jetties in a river channel, causing flooding on the Hursts' property. The Court held that the government was immune to the Hursts' lawsuit because of the discretionary...

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