SCHUBERT v. UNITED STATES

Civ. A. No. 63-C-33.

246 F.Supp. 170 (1965)

Alvin H. SCHUBERT and Alvina Schubert v. UNITED STATES of America.

United States District Court S. D. Texas, Corpus Christi Division.

September 10, 1965.


Attorney(s) appearing for the Case

Glusing & Sharpe, Nelson R. Sharpe, Kingsville, Tex., for plaintiffs.

Woodrow Seals, U. S. Atty., and William B. Butler, Asst. U. S. Atty., Houston, Tex., for defendant.


GARZA, District Judge.

This is an action brought originally under the Federal Tort Claims Act, 28 U. S.C. § 1346(b), and subsequently amended to include an alternative claim under the Constitution of the United States, seeking damages from the Defendant for excessive noise created by jet aircraft engines on the U. S. Naval Auxiliary Air Station at Kingsville, Texas, located adjacent to Plaintiffs' property.

Under the Tort Claims Act Plaintiffs allege...

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