Morici Corp. v. United States

This action for damages under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b), 2671, is before the court on the defendant-United States’ motion to dismiss. The complaint was filed on April 20, 1977, and the United States brought on the instant motion to dismiss in due course. In the interim since oral arguments were heard, this court has twice directed the parties to submit additional briefing on relevant issues. That briefing having been filed, the matter is now before the court for decision.

Factual Background. Plaintiff filed an administrative claim for damages under the Federal Tort Claims Act on January 30, 1976 with the Bureau of Reclamation, Department of the Interior, and the Corps of Engineers, Department of Defense. The claim states that, from approximately March 25 to April 5, 1974, the plaintiff incurred damages of $1,000,000 as a result of the destruction of approximately 2,700 fruit and nut trees and 150 acres of wheat and barley. An attachment to that claim explains:

Complaint, Exhibit B.

The administrative claim was denied on March 4,1976 by Charles R. Renda, Regional Solicitor, Department of the Interior. Plaintiff’s request for reconsideration was…