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HERO LANDS CO. v. UNITED STATES

No. 538-79L.

554 F.Supp. 1262 (1983)

HERO LANDS COMPANY, Hero Wall Company, New City Company, and Hero Company v. The UNITED STATES.

United States Claims Court.

January 20, 1983.

Attorney(s) appearing for the Case

Robert L. Redfearn, New Orleans, La., for plaintiffs. Daniel J. Caruso, John C. Herbert, and Simon, Peragine, Smith & Redfearn, New Orleans, La., of counsel.

James E. Brookshire, Washington, D.C., with whom was Asst. Atty. Gen., Carol E. Dinkins, Washington, D.C., for defendant. Edward J. Passarelli and Robert N. Kittel, Office of Gen. Counsel, Dept. of the Navy, Washington, D.C., of counsel.

OPINION

WHITE, Judge.

The plaintiffs sue in this case because the Government allegedly has taken, without just compensation, so-called avigation easements in the airspace above a number of tracts of land which the plaintiffs severally own in Plaquemines Parish, Louisiana. The action is based on flights by military jet aircraft of the defendant through the airspace above the tracts in question.

As explained later in the opinion, it is concluded that...

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