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NATIONAL AVIATION v. CITY OF HAYWARD, CAL.

No. C-75-2279 RFP.

418 F.Supp. 417 (1976)

NATIONAL AVIATION, a general partnership dba National Air Freight, et al., Plaintiffs, v. The CITY OF HAYWARD, CALIFORNIA, Defendant.

United States District Court, N. D. California.

July 13, 1976.

Attorney(s) appearing for the Case

William A. Jennings, Glynn P. Falcon, Jr., LaCroix & Schumb, San Jose, Cal., for plaintiffs National Aviation, et al.

Peter W. Davis, Michael R. Silvey, Crosby, Heafey, Roach & May, Oakland, Cal., John W. Scanlon, City Atty., Hayward, Cal., for defendant City of Hayward.

Alvin J. Rockwell, Gordon E. Davis, Brobeck, Phleger & Harrison, San Francisco, Cal., for amicus curiae Air Transport Ass'n of America.

John S. Yodice, Washington, D.C., for amicus curiae Aircraft Owners & Pilots Ass'n.

OPINION

PECKHAM, Chief Judge.

This is an action by four related commercial airplane operators who seek to have Hayward City Ordinance 75-023 C.S. declared unconstitutional. That ordinance, enacted on October 14, 1975, pursuant to defendant Hayward's capacity as proprietor of the Hayward Air Terminal, prohibits all aircrafts which exceed a noise level of 75 dBA from landing or taking off from the Hayward Air Terminal between the hours of 11:00 p. m. and 7...

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