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WEISBERG v. UNITED STATES

Civ. No. 11036.

193 F.Supp. 815 (1961)

Harold WEISBERG and Lillian Weisberg v. UNITED STATES of America.

United States District Court D. Maryland.

April 19, 1961.

Attorney(s) appearing for the Case

Joseph L. Rauh, Jr., and John Silard, Washington, D. C., for plaintiffs.

Joseph D. Tydings, U. S. Atty., and Daniel H. Honemann, Asst. U. S. Atty., Baltimore, Md., for defendant.

THOMSEN, Chief Judge.

Plaintiffs have sued the government on two "separate and alternative" causes of action: (a) under the Federal Tort Claims Act1, for injury and damage to their chickens and their chicken and egg business alleged to have been caused by low flights of helicopters over their farm in 1957 and 1958; and (b) under the Tucker Act2, on the theory that the low flights were so frequent that they...

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