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BATTEN v. UNITED STATES

No. 6906.

306 F.2d 580 (1962)

William J. BATTEN and Katie M. Batten, his wife; Donald G. Becker and Opal M. Becker, his wife; Don T. Campbell and Leta Mae Campbell, 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 Fay L. Moore, his wife; John W. Stephens and Vada Stephens, 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.

Rehearing Denied August 9, 1962.

Attorney(s) appearing for the Case

Roger P. Marquis, Attorney, Department of Justice (Ramsey Clark, Asst. Atty. Gen., Newell A. George, U. S. Atty., and R. Stanley Ditus, Asst. U. S. Atty., on the brief), for appellee.

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

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

BREITENSTEIN, Circuit Judge.

This case presents the novel question whether a taking of property, compensable under the Fifth Amendment, occurs when there is no physical invasion of the affected property but the operation and maintenance of military jet aircraft on an Air Force Base of the United States produce noise, vibration, and smoke which interfere with the use and enjoyment of the property. The appellants-plaintiffs, owners of 10 homes at Pauline, Kansas, sued...

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