Jump to Navigation
Jump to Content

Kirk v. United States

Citation: 1 ELR 20251
No. Nos. Civ. 69-179, -322, 326 F. Supp. 843/2 ERC 1523/(W.D. Okla., 08/18/1970)

Where plaintiffs suffered injury caused by sonic booms in connection with development of the supersonic transport, where the FAA had publicly assured local residents that damages so caused would be reimbursed by the federal government, and where the conduct of the government was neither wrongful nor negligent, plaintiffs were entitled to recover ex contractu under the Tucker Act rather than ex delicto under the Federal Tort Claims Act and were not barred by the two year Statute of Limitations.

Counsel for Plaintiffs:
Ted. J. Davis
Richard A. Proctor
Russell L. Morgan
Federal Building
Oklahoma City, Okla. 73100
(405) 235-6648

Walt Allen
116 N. Fourth
Chickasha, Okla. 73018
(405) 224-3111

Counsel for the United States:
B. Andrew Potter Former U.S. Attorney
William R. Burkett U.S. Attorney
Joseph T. Brennan
Federal Courthouse Bldg.
Oklahoma City, Okla. 73100
(405) 235-9501

Arthur Latina Attorney
Dept. of Justice
Washington, D.C.
(202) 739-2711

Counsel for FAA:
Thomas A. Reilly Attorney
Federal Aviation Administration
Dept. of Transportation
Washington, D.C.
(202) 426-3671