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EXECUTIVE JET AVIATION, INC. v. CITY OF CLEVELAND

No. 71-678.

409 U.S. 249 (1972)

EXECUTIVE JET AVIATION, INC., ET AL. v. CITY OF CLEVELAND ET AL.

Supreme Court of United States.

Decided December 18, 1972.

Attorney(s) appearing for the Case

Phillip D. Bostwick argued the cause and filed briefs for petitioners.

Solicitor General Griswold argued the cause for respondent Dicken. With him on the brief were Assistant Attorney General Wood, Allan A. Tuttle, and Walter H. Fleischer. Edward D. Crocker filed a brief for respondents City of Cleveland et al.

MR. JUSTICE STEWART delivered the opinion of the Court.

On July 28, 1968, a jet aircraft, owned and operated by the petitioners, struck a flock of seagulls as it was taking off from Burke Lakefront Airport in Cleveland, Ohio, adjacent to Lake Erie. As a result, the plane lost its power, crashed, and ultimately sank in the navigable waters of Lake Erie, a short distance from the airport. The question before us is whether the...

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