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NELMS v. LAIRD

No. 14568.

442 F.2d 1163 (1971)

Jim Nick NELMS, Lettie Baker Nelms and Lonnie Ray Nelms, Appellants, v. Melvin LAIRD, Secretary of Defense and Robert Seamans, Jr., Secretary of Air Force, and United States of America, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 28, 1971.

Attorney(s) appearing for the Case

George E. Allen, Sr., Richmond, Va. (court-assigned counsel) (Allen, Allen, Allen & Allen, Richmond, Va., on brief), for appellants.

John F. Dienelt, Atty., Dept. of Justice, (William D. Ruckelshaus, Asst. Atty. Gen., and Alan S. Rosenthal, Atty., Dept. of Justice, and Warren H. Coolidge, U. S. Atty., E. D. North Carolina, on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and BOREMAN and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

To maintain its combat readiness, the United States Air Force regularly trains air crews in supersonic flight. Jim Nick Nelms, who lives in a rural community near Nashville, North Carolina claims military planes on a training mission from Beale Air Force Base in California caused sonic booms that damaged his house so extensively the building is now beyond repair. After unsuccessfully seeking satisfaction from the Air Force, Nelms brought this...

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