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An Enduring Anachronism: Arguments for the Repeal of the (Sec)702c Immunity Provision of the Flood Control Act of 1928

By: Hofmann, Kent C. | Texas Law Review, February 2001 | Article details

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An Enduring Anachronism: Arguments for the Repeal of the (Sec)702c Immunity Provision of the Flood Control Act of 1928


Hofmann, Kent C., Texas Law Review


An Enduring Anachronism:

Arguments for the Repeal of the 702c Immunity Provision of the Flood Control Act of 1928 I. Introduction

The Ninth Circuit's recent decision in Central Green Co. v. United States` has highlighted the immunity enjoyed by the federal government from damages stemming from activities and events at federal flood control projects. Congress created this immunity by including it in section 702c (702c) of the Flood Control Act of 1928 (FCA). The decision mentioned above has focused attention on 702c because it notes the four-way split that has developed among federal circuits regarding the approaches taken in applying this grant of immunity.3 This Note …

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