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CASEY v. GOULIAN

No. CIV.A.03-11042-PBS.

273 F.Supp.2d 136 (2003)

Robert F. CASEY, Jr., Rita A. Casey, David McCoy, and Amy McCoy, Plaintiffs, v. Michael GOULIAN, Executive Flyers Aviation, Inc., Center of Massachusetts Aerobatics, LLC, Kent G. Christman, Steve S. Pennypacker, and Peter E. Bocon, Defendants.

United States District Court, D. Massachusetts.

July 21, 2003.

Attorney(s) appearing for the Case

Gary M. Arber, Arber Lannik & Badolato LLP, Brookline, MA, for Michael Goulian, Executive Flyers Aviation, Inc., Defendants.

Kevin C. Cain, Peabody & Arnold, Boston, MA, for Center of Mass. Aerobatics, LLC, Kent G. Christman, Peter E. Bocon, Steve S. Pennypacker, Defendants.

MEMORANDUM AND ORDER

SARIS, District Judge.

INTRODUCTION

Plaintiffs bring state-law nuisance claims, alleging that defendants are involved in noisy and dangerous stunt-airplane flights over their homes. Defendants removed this suit from state court on the ground that plaintiffs' claims fall within this Court's federal-question jurisdiction. The Court holds it lacks jurisdiction over this suit, and ALLOWS plaintiffs' motion...

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