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CREEL v. CITY OF ATLANTA, GEORGIA

No. 25535.

399 F.2d 777 (1968)

G. W. CREEL, Executor of the Estate of Mrs. W. D. (Carolyn M.) Creel, Appellant, v. The CITY OF ATLANTA, GEORGIA, Appellee.

United States Court of Appeals Fifth Circuit.

August 20, 1968.

Attorney(s) appearing for the Case

James F. Cox, Glenville Haldi, Atlanta, Ga., for appellant.

Henry L. Bowden, James B. Pilcher, Robert S. Wiggins, Associate City Atty., Atlanta, Ga., for appellee.

Before GEWIN and THORNBERRY, Circuit Judges, and EDENFIELD, District Judge.

EDENFIELD, District Judge.

The plaintiff, an owner of real estate adjacent to the Atlanta airport, filed his complaint alleging that the flight of jet aircraft across his residential property rendered it completely useless and dangerous for residential purposes and constituted a taking thereof within the meaning of the Fourteenth Amendment. Jurisdiction was based on the assertion of a federal question (28 U.S.C.A. § 1331) and the complaint prayed for damages...

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