DAVIS v. UNITED STATES

No. 99-59.

295 F.2d 931 (1961)

Lester B. DAVIS and Marjorie W. Davis v. UNITED STATES.

United States Court of Claims.

November 1, 1961.


Attorney(s) appearing for the Case

Daniel W. Gaiser, Spokane, Wash., for plaintiffs. Robert E. Stoeve and William J. Powell, Spokane, Wash., on the brief.

Herbert Pittle, Washington, D. C., with whom was Asst. Atty. Gen., Ramsey Clark, for defendant.


LARAMORE, Judge.

Plaintiffs' claim is founded upon frequent flights at unreasonably low levels of large numbers of jet B-52 bombers and KC-135 jet tankers owned and operated by the defendant in conjunction with its use of Fairchild Air Force Base located in Spokane County, Washington. Plaintiffs claim that said flights were so numerous, low and noisy, that they have amounted to a substantial taking of their property and have severely depreciated the market value of...

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