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WESTSIDE PROPERTY OWNERS v. SCHLESINGER

No. 77-1217.

597 F.2d 1214 (1979)

WESTSIDE PROPERTY OWNERS, an Unincorporated Association consisting of Tal-Wi-Wi Ranches, Inc., Roach and Baker Ranches, Inc., Baker and Roach Sunny Valley Citrus, Inc., Nalbandian Farms, Inc., Smith, Bryan, and Smith, Margaret, Trustees of the Bryan and Margaret Smith Revocable Trust, Mehren, Lawrence (withdrawn) Ashby, Ralph, and Ashby, Grace L. Arakelian, Zeke Arakelian, George and Seitz, John, Plaintiffs-Appellants, v. SCHLESINGER, James R., Sec'y of Defense, McLucas, John L., Sec'y of the Air Force, Gibson, Colonel Boyd E., U. S. Air Force, Commander, Luke Air Force Base; Haeffner, Brig. Gen. Fred A., Wing Commander, Luke Air Force Base, Schmidt, Major Armand, Sq. Com., Second German Air Force of the Federal Republic of West Germany, Brinegar, Claude S., Sec'y of Transportation, and Butterfield, Alexander P., Administrator of the Federal Aviation Admin., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 18, 1979.

Attorney(s) appearing for the Case

Jeremy E. Butler, Phoenix, Ariz., for plaintiffs-appellants.

Peter R. Taft, Asst. Atty. Gen., Washington, D. C., Fransis S. Ainsa, Jr., El Paso, Tex., for defendants-appellees.

Before BARNES and CHOY, Circuit Judges, and BARTELS, District Judge.

CHOY, Circuit Judge.

Plaintiffs below appeal from the district court's judgment rejecting their claims. We affirm.

I. Statement of the Case1

Luke Air Force Base (Luke), located near Phoenix, Arizona, was established in 1941. Jet aircraft operations began there in 1951. Over the years newly-developed jets have been placed at Luke. Luke has also been the site of training...

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