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SAN DIEGO UNIFIED PORT DIST. v. GIANTURCO

No. 78-3260.

651 F.2d 1306 (1981)

SAN DIEGO UNIFIED PORT DISTRICT, Plaintiff-Appellee, and Air Transport Association of America, et al., Intervening Plaintiffs-Appellees, v. Adriana GIANTURCO, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Vacated June 5, 1981.

Resubmitted June 11, 1981.

Decided July 30, 1981.

Rehearing and Rehearing Denied September 21, 1981.

Attorney(s) appearing for the Case

Edward J. Connor, Jr., Atty., Dept. of Transportation (argued), San Diego, Cal., Richard G. Rypinski, Chief Counsel, John B. Matheny, Asst. Chief Counsel, Mark F. Mispagel, Suzanne Jacobs, Susan K. Johann, Attys., Sacramento, Cal. (on brief), for defendants-appellants.

Michael Scott Gatzke (argued), Louis E. Goebel, Gregory T. Smith, Luce, Forward, Hamilton & Scripps (on brief), San Diego, Cal. (on brief), for plaintiff-appellee.

Peter R. Steenland, Jr., Atty., Dept. of Justice (argued), James W. Moorman, Asst. Atty. Gen., Dirk D. Snel, Atty., Washington, D.C. (on brief), for amicus curiae.

Before WRIGHT and TANG, Circuit Judges, and CURTIS, Senior District Judge.

Rehearing and Rehearing En Banc Denied September 21, 1981.

PER CURIAM:

We must determine whether the doctrine of federal preemption prevents the State of California from directing a political subdivision to impose a curfew on aircraft flights. In making our determination, we interpret the Supreme Court's decision in City of Burbank v. Lockheed Air Terminal, Inc., 411 U.S. 624, 93 S.Ct. 1854, 36 L.Ed.2d 547 (1973), and...

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