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DiPERRI v. FEDERAL AVIATION ADMINISTRATION

No. 81-1468.

671 F.2d 54 (1982)

James M. DiPERRI, et al., Plaintiffs, Appellants, v. FEDERAL AVIATION ADMINISTRATION, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 19, 1982.

Attorney(s) appearing for the Case

James J. Twohig, South Boston, Mass., for plaintiffs, appellants.

Richard J. Lettieri, Boston, Mass., with whom James P. Whitters, III, Martha J. Koster, Dexter L. Kenfield and Gaston Snow & Ely Bartlett, Boston, Mass., were on brief, for appellee Mass. Port Authority.

Gregory C. Flynn, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for appellee, Federal Aviation Administration.

Before CAMPBELL, BOWNES and BREYER, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Plaintiffs James M. DiPerri and eight other residents of South Boston appeal from the district court's dismissal of their suit against the Federal Aviation Administration ("FAA") and the Massachusetts Port Authority ("Massport") for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). Plaintiffs' complaint alleges that both Massport and the FAA have collaborated for at least the past 15 years, and perhaps...

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