Nichols

This case came on for trial of the issue of liability only on March 31, 1964, C. Ray Robinson, by Jonathan H. Rowell, appearing for plaintiffs, and Francis C. Whelan, United States Attorney, by Richard J. Dauber, Assistant United States Attorney, appearing for defendant.

The first cause of action alleges a partial taking of the plaintiffs’ property by virtue of the noise and vibration from running and testing jet engines at Castle Air Force Base, pursuant to the Tucker Act, 28 U.S.C. 1346(a) (2).

The second cause of action alleges that the noise and vibration from running and testing of jet engines at Castle Air Force Base constitute a trespass and nuisance unlawfully committed by defendant, which caused injury and damage to plaintiffs’ property and business, pursuant to the Tort Claims Act, 28 U.S.C. 1346(b).

Defendant’s answer admits the operation and maintenance of the Air Force Base and associated facilities, denies the other allegations of the complaint and asserts by way of affirmative defenses:

• 1. That the complaint fails to state a cause of action;

' 2. That both alleged causes of action are barred by the Statute of Limitations; and

3. That the court lacks…