Marine Construction & Dredging, Inc. v. United States Army Corps of Engineers

892 F.2d 83 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. MARINE CONSTRUCTION & DREDGING, INC., Plaintiff-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant-Appellee. No. 88-3963. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1989. Decided Dec. 13, 1989. Before WALLACE, PREGERSON and ALARCON, Circuit Judges. 1 MEMORANDUM * SUMMARY 2 Appellant, Marine Construction & Dredging, Inc. ("Marine") brought an action for damages under the Federal Tort Claims Act ("FTCA") against appellee, the United States Army Corps of Engineers ("Corps"), for the tort of "wrongful restraint" arising from an asserted "wrongful" injunction. The district court granted summary judgment for appellee, finding that no such tort exists under Washington law. Marine appeals on the ground that the district court erred in its finding that "wrongful restraint" is not an actionable claim under the FTCA. 3 We find that the district court correctly held that…