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CITY OF BOSTON v. MASSACHUSETTS PORT AUTHORITY

Civ. A. No. 70-1165.

320 F.Supp. 1317 (1971)

CITY OF BOSTON v. MASSACHUSETTS PORT AUTHORITY et al.

United States District Court, D. Massachusetts.

January 19, 1971.

Attorney(s) appearing for the Case

Suzanne DelVecchio, Asst. Corporation Counsel, Boston, Mass., for plaintiff.

Donald R. Grant, John S. Hopkins, III, Ropes & Gray, for defendant Massachusetts Port Authority.

Lewis H. Weinstein, Michael B. Keating, Foley, Hoag & Eliot, Boston, Mass., for defendant airlines.

OPINION

WYZANSKI, Chief Judge.

The City of Boston filed a complaint against the Massachusetts Port Authority, as owner and operator of Logan International Airport, and nineteen airlines that use it. Plaintiff's claim is that defendants in violation of the fifth and fourteenth amendments to the United States Constitution deprived it of its property by taking without just compensation an avigation easement over plaintiff's land. Jurisdiction is alleged under...

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