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JANKOVICH v. TOLL ROAD COMM'N.

No. 60.

379 U.S. 487 (1965)

85 S.Ct. 493

13 L.Ed.2d 439

JANKOVICH ET AL., DOING BUSINESS AS CALUMET AVIATION CO. v. INDIANA TOLL ROAD COMMISSION.

Supreme Court of United States.

Decided January 18, 1965.

Attorney(s) appearing for the Case

Bernard Dunau argued the cause for petitioners. With him on the briefs were Straley Thorpe, Robert C. Lester and Rita C. Davidson.

Hugh B. Cox argued the cause for respondent. With him on the brief were Charles A. Miller, Paul J. DeVault and Philip E. Byron, Jr.

Briefs of amici curiae, urging reversal, were filed by Solicitor General Cox and Roger P. Marquis for the United States; by Edwin K. Steers, Attorney General of Indiana, Harold L. Folley, Deputy Attorney General, and John J. Dillon for the Aeronautics Commission of Indiana et al.; by Roger Arnebergh, Alexander G. Brown, J. Elliott Drinard, Sidney Goldstein, Daniel B. Goldberg, Henry P. Kucera, John C. Melaniphy, Robert E. Michalski, Thomas J. Neenan, John W. Sholenberger, Barnett I. Shur, Fred G. Stickel III, Charles S. Rhyne, Brice W. Rhyne and Alfred J. Tighe, Jr., for the National Institute of Municipal Law Officers; and by John E. Stephen and George S. Laphan, Jr., for the Air Transport Association.

MR. JUSTICE WHITE delivered the opinion of the Court.

Pursuant to a 20-year lease with the City of Gary, Indiana, petitioners are the operators of Gary Municipal Airport, one of the airports included in the National Airport Plan. They seek review of a decision invalidating the city's airport zoning ordinance, which, with regard to buildings and other structures in the immediate vicinity of the airport, prescribes height limitations based upon a 40-to-1 glide angle...

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