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BATTEN v. UNITED STATES

No. 6684.

292 F.2d 144 (1961)

William J. BATTEN and Katie M. Batten, his wife; Donald G. Becker and Opal M. Becker, his wife; Benjamin Hall Brodnax and Mary Joy Brodnax, his wife; Don T. Campbell and Leta Mae Campbell, his wife; Orval R. Coombs and Anita M. Coombs, his wife; Ernest S. Horton and Margaret U. A. Horton, his wife; Ivan F. Huhs and Bernadine M. Huhs, his wife; Thomas N. Lee and Gladys M. Lee, his wife; Clyde A. Lewis and Dorothy L. Lewis, his wife; Edward Dale Moore and Faye L. Moore, his wife; Dennie D. Smith and Nellie R. Smith, his wife; John W. Stephens and Vada Stephens, his wife; John W. Tothill and Glee I. Tothill, his wife; and Ralph C. Weed and Mary T. Weed, his wife, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

June 20, 1961.

Attorney(s) appearing for the Case

Harvey D. Ashworth and Raymond L. Spring, Topeka, Kan. (A. Harry Crane, Ward D. Martin, and Arthur L. Claussen, Topeka, Kan., on brief), for appellants.

Roger P. Marquis, Washington, D. C. (Ramsey Clark, Dallas, Tex., and Newell A. George, Kansas City, Kan., on brief), for appellee.

Before MURRAH, Chief Judge, and BRATTON and BREITENSTEIN, Circuit Judges.

PER CURIAM.

The appellants in this appeal are owners of residential property adjacent to the ramps and warm-up pads where military jet aircraft regularly warm up, take off and land, at Forbes Airforce Base near Topeka, Kansas. They brought this class action under the Tucker Act (28 U.S.C.A. § 1346(a) (2)), claiming that the aircraft, while landing, taking off and warming up, "and particularly while advancing the engines to near maximum power on the said warm...

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