James M. Diperri v. Federal Aviation Administration

LEVIN H. CAMPBELL, Circuit Judge.

Plaintiffs James M. DiPerri and eight other residents of South Boston appeal from the district court’s dismissal of their suit against the Federal Aviation Administration (“FAA”) and the Massachusetts Port Authority (“Massport”) 'for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). Plaintiffs’ complaint alleges that both Massport and the FAA have collaborated for at least the past 15 years, and perhaps the last 22 years, in creating an unreasonable nuisance condition for the citizens of South Boston through the operation of…