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PACIFIC GAS & ELECTRIC CO. v. UNITED STATES

No. 6170.

45 F.2d 708 (1930)

PACIFIC GAS & ELECTRIC CO. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

December 6, 1930.

Attorney(s) appearing for the Case

Wm. B. Bosley and Thos. J. Straub, both of San Francisco, Cal., and W. H. Hatfield, of Sacramento, Cal., for appellant.

Geo. J. Hatfield, U. S. Atty., of San Francisco, Cal., and Albert E. Sheets, of Sacramento, Cal. (H. P. Dechant, Asst. to Sol. U. S. Department of Agriculture, of San Francisco, Cal., of counsel), for the United States.

Before RUDKIN and WILBUR, Circuit Judges, and KERRIGAN, District Judge.

WILBUR, Circuit Judge.

This action was brought by the government of the United States to recover $19,861.65 as damages for trespass upon its land described in the complaint by the appellant in the construction and maintenance thereon of certain ditches for the diversion of water. The appellant answered the complaint admitting the amount of damage but setting up its claim to the right of way for the ditches and canals in question. It predicated its right to a canal...

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