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KIRK v. UNITED STATES

Nos. 71-1111-71-1113.

451 F.2d 690 (1971)

Wesley W. KIRK and Marjorie J. Kirk, Appellees, v. UNITED STATES of America, Appellant. William Keith COX and Mary Sue Cox, Appellees, v. UNITED STATES of America, Appellant. Mozelle FREY, and others in class, Appellees, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 20, 1971.

Attorney(s) appearing for the Case

Jacques B. Gelin, Atty., Dept. of Justice (Shiro Kashiwa, Asst. Atty. Gen., William R. Burkett, U. S. Atty., James M. Peters, Asst. U. S. Atty., Edmund B. Clark and Peter R. Steenland, Attys., Dept. of Justice, on the brief), for appellant.

Richard A. Procter, Oklahoma City, Okl., for appellees.

Before BREITENSTEIN, McWILLIAMS and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

These consolidated appeals are from money judgments which were awarded by the United States District Court for the Western District of Oklahoma, Grant v. United States, 326 F.Supp. 843, to the above named residents of Oklahoma City as a result of property damage from a series of high altitude flights carried out under the direction of the Federal Aviation...

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