Court of Appeals for the Tenth Circuit October 4, 1991, 88-2575, 89-1038 (Aldrich Enterprises, Inc., Etc. v. United States)

HOLLOWAY, Chief Judge.

Certain residents and property owners of the Town of Estes Park, Colorado (the Landowners) commenced this action against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b) and 2671,

et seq.,

seeking to recover for property damage allegedly resulting from the collapse of Lawn Lake Dam. Two consolidated appeals are presently before us. In No.