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PERSYN v. U.S.

No. 90-5611.

935 F.2d 69 (1991)

Darson H. PERSYN, et al., Plaintiffs-Appellants, v. UNITED STATES of America, et al., Defendants-Appellees. J.L. GUERRA and Herminia G. Guerra, Plaintiffs-Appellants, v. UNITED STATES of America, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 5, 1991.

Attorney(s) appearing for the Case

Craig L. Austin, San Antonio, Tex., for plaintiffs-appellants.

Paula Dlugosz, Judith A. Yacono, Asst. City Attys., San Antonio, Tex., for City of San Antonio.

Catherine M. Flanagan, Robert L. Klarquist, Dorothy R. Burakreis, Dept. of Justice, Land & Nat. Resources Div., Washington, D.C., for U.S.

Before CLARK, Chief Judge, JERRE S. WILLIAMS, and DAVIS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Landowners in the vicinity of Kelly Air Force Base in San Antonio, Texas, claim that the Air Force effectuated a taking of their property under the Fifth Amendment by generating noise and conducting hazardous activities on the base. The landowners name the City of San Antonio ("City") as an additional defendant, alleging that the City acted under the authority of the United States when it passed ordinances greatly restricting the...

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