CITY OF BOSTON v. MASSACHUSETTS PORT AUTHORITY

No. 71-1046.

444 F.2d 167 (1971)

CITY OF BOSTON, Appellant, v. MASSACHUSETTS PORT AUTHORITY et al., Appellees.

United States Court of Appeals, First Circuit.

June 21, 1971.


Attorney(s) appearing for the Case

John M. Hyson, Asst. Corporation Counsel, with whom Herbert P. Gleason, Corporation Counsel, and Suzanne Delvecchio, and Thomas H. Martin, Asst. Corporation Counsel, were on brief, for appellant.

Donald R. Grant, Boston, Mass., with whom John S. Hopkins, III, and Ropes & Gray, Boston, Mass., were on brief, for Massachusetts Port Authority, appellee.

Henry Paul Monaghan, Boston, Mass., with whom Henry E. Foley, Lewis H. Weinstein, Michael B. Keating, and Foley, Hoag & Eliot, Boston, Mass., were on brief, for Air Canada et al., appellees.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


COFFIN, Circuit Judge.

The City of Boston filed a 42 U. S.C. § 1983 complaint alleging jurisdiction under 28 U.S.C. §§ 1331, 1343(3) and 1343(4) against the defendants Massachusetts Port Authority, which operates Logan Airport, and all the airlines using that facility. The complaint alleges that the noise of airplanes taking off from and landing at Logan diminishes the value of public school properties in Boston...

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