Laird v. Nelms

Supreme Court of the United States

406 U.S. 797

Laird, Secretary of Defense, et al.  v.  Nelms et al.

Certiorari to the United States Court of Appeals for the Fourth Circuit

No. 71-573.  Argued: April 17, 1972 --- Decided: June 7, 1972

Damage from sonic boom caused by military planes, where no negligence was shown either in the planning or operation of the flight, is not actionable under the Federal Tort Claims Act, which does not authorize suit against the Government on claims based on strict or absolute liability for ultrahazardous liability. Dalehite v. United States, 346 U.S. 15. Pp. 798-803.

442 F. 2d 1163, reversed.


REHNQUIST, J., delivered the opinion of the Court, in which BURGER, C. J., and WHITE, MARSHALL, BLACKMUN, and POWELL, JJ., joined. STEWART, J., filed a dissenting opinion, in which BRENNAN, J., joined, post, p. 803. DOUGLAS, J., took no part in the consideration or decision of the case.


Richard B. Stone argued the cause for petitioners. On the brief were Solicitor General Griswold, Assistant Attorney General Gray, Wm. Terry Bray, Alan S. Rosenthal, and Robert E. Kopp.

George E. Allen, Sr., argued the cause and filed a brief for respondents.

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