State of California v. United States

Judgment in favor of United States reversed and judgment for California ordered; immunity of United States, under Flood Control Act, from breach of contract claim for damages arising from joint flood control project was waived by previously-enacted Tucker Act.

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Appealed from: United States Court of Federal Claims

Judge Marian Blank Horn

Plaintiff-Appellant State of California appeals the judgment of the United States Court of Federal Claims holding that the Flood Control Act of 1928, codified at 33 U.S.C. � 702c (1994), immunizes the United States from breach-of-contract claims for damages arising from or related to flood control projects. Because we conclude that, to the extent sovereign immunity might otherwise apply, it has been waived by the previously-enacted Tucker Act, 28 U.S.C. � 1491 (1994), and the later enactment did not repeal the earlier by implication, we reverse, ordering judgment for the State of California, and remand for an assessment of damages.

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State of California v. United States

Judgment in favor of United States reversed and judgment for California ordered; immunity of United States, under Flood Control Act, from breach of contract claim for damages arising from joint flood control project was waived by previously-enacted Tucker Act.

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