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LUEDTKE v. COUNTY OF MILWAUKEE

No. 73-C-371.

371 F.Supp. 1040 (1974)

Edward LUEDTKE et al., Plaintiffs, v. The COUNTY OF MILWAUKEE, a political subdivision, et al., Defendants.

United States District Court, E. D. Wisconsin.

February 11, 1974.

Attorney(s) appearing for the Case

Samson, Friebert, Sutton & Finerty by Robert E. Sutton, Milwaukee, Wis., for plaintiffs.

Robert P. Russell, Corp. Counsel by James J. Bonifas, Milwaukee, Wis., for County of Milwaukee.

Mayer, Brown & Platt by Douglas A. Poe, Henry L. Hill, Bryson P. Burnham and H. Templeton Brown, Chicago, Ill., and Foley & Lardner by Steven E. Keane and Maurice J. McSweeney, Milwaukee, Wis., for all Airlines.

DECISION and ORDER

MYRON L. GORDON, District Judge.

This matter is before me on the defendants' motion to dismiss. The plaintiffs own and reside at property located near General Mitchell Field, a major airport facility situated in and owned, operated and maintained by Milwaukee County, Wisconsin. The defendants include the county and the five federally-certified airlines which utilize that airport facility.

The plaintiffs allege that "aircraft ....

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