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POWERS v. U.S.

No. 92-6320.

996 F.2d 1121 (1993)

Robert D. POWERS; Gary W. Swain; Rebecca Graddy, all individually and on behalf of all persons in Barbour County, Alabama, similarly situated, Plaintiffs-Appellants v. UNITED STATES of America, Defendant-Appellee. Joe L. GLENN; Sarah Glenn; William M. Hagan and Ouida Hagan, and all persons in Montgomery County, Alabama, similarly situated; Robert E. Street, individually and on behalf of all persons in Dallas County, Alabama, similarly situated, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. Johnny CHILDS; Jim H. Strength; Wayne D. Waters; Robert E. Sachsenheimer; Dwight Riley, Sr.; Rutland Mobile Homes; Lynwood Rutland; Doris Rutland and Paula Heath, all individually and on behalf of all persons in Dale County, Alabama, similarly situated, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. BIG/LITTLE STORES, INC.; R.D. Easters; James Drexel Cook; Nell Cook; Drexel Cook and Mack Wise (a partnership); Cook Chevrolet, Inc.; the Peoples Bank; R.G. Heath, d/b/a Heath Oil Co. and Linda Mills, d/b/a Dixie Printing Company, all individually and on behalf of all persons in Coffee County, Alabama, similarly situated, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 2, 1993.

Attorney(s) appearing for the Case

M. Roland Nachman, Jr., Balch & Bingham, Montgomery, AL, Maury D. Smith, Joe C. Cassady, Cassady, Fuller & Marsh, Enterprise, AL, for plaintiffs-appellants.

James Eldon Wilson, U.S. Atty., Montgomery, AL, Kenneth E. Vines, Asst. U.S. Atty., Robert S. Greenspan, Windy M. Keats, U.S. Dept. of Justice, Washington, DC, for defendant-appellee.

Before COX and DUBINA, Circuit Judges, and GODBOLD, Senior Circuit Judge.

COX, Circuit Judge:

Plaintiffs sued the United States for uninsured flood losses, alleging that the Government had negligently failed to publicize the availability of federally subsidized flood insurance. The district court dismissed the action as barred by 33 U.S.C. § 702c, a statutory provision of sovereign immunity enacted by Congress in connection with the government's construction of flood control projects.

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