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LOCKHEED AIR TERMINAL, INC. v. CITY OF BURBANK

No. 70-1075.

318 F.Supp. 914 (1970)

LOCKHEED AIR TERMINAL, INC., a corporation, and Pacific Southwest Air Lines, a corporation, Plaintiffs, v. The CITY OF BURBANK, a municipal corporation, et al., Defendants. Air Transport Association of America, Intervening Plaintiff.

United States District Court, C. D. California.

September 24, 1970.

Attorney(s) appearing for the Case

Kirtland & Packard by Robert C. Packard, Los Angeles, Cal., for plaintiffs.

O'Melveny & Myers by Warren Christopher, Los Angeles, Cal., for intervening plaintiff.

Samuel Gorlick, City Atty., and Richard L. Sieg, Jr., Asst. City Atty., Burbank, Cal., for all defendants except Samuel Gorlick.

Richard L. Sieg, Jr., Asst. City Atty., Burbank, Cal., for defendant Samuel Gorlick.

Nicholas C. Yost, Deputy Atty. Gen., State of California, and John S. Lane, Asst. U. S. Atty., for the Federal Aviation Administration, amicus curiae.

MEMORANDUM FOR USE IN PREPARATION OF PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT.

CRARY, District Judge.

The within action is for declaratory relief and injunction whereby the plaintiffs seek to invalidate an Ordinance of the City of Burbank which prohibits the take-off by jet aircraft from Hollywood-Burbank Airport (HBA) between the hours of 11:00 P.M. (2300) and 7:00 (0700), the next day.

The plaintiff Lockheed Air Terminal, Inc....

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