Pierce v. United States

650 F.2d 202 Theodore A. PIERCE and Theodore R. Pierce, d/b/a Pierce & Pierce; S & P Farms, Inc., an Arizona Corporation; Gene Narramore and F. L. Narramore, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. CA No. 78-3661. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 18, 1980. Decided July 6, 1981. J. Gordon Cook, Renaud, Cook, & Videan, P.A., Phoenix, Ariz., for plaintiffs-appellants. Jose M. Uranga, Washington, D.C., for defendant-appellee. Appeal from the United States District Court for the District of Arizona. Before DUNIWAY and TRASK, Circuit Judges, and JAMESON, * District Judge. TRASK, Circuit Judge: 1 This appeal involves an action against the United States brought by several individuals and a corporation under the Federal Tort Claims Act, 28 U.S.C. § 1346 . Appellants sued the Government for damages to their land suffered because of impoundment of flood waters behind the Painted Rock Flood Control Dam on the Gila River in Arizona. 2 The Government impounded flood waters behind the dam to minimize flood damage to downstream landowners. By so doing, however, it deviated from the dam's recommended water…