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MILLER v. UNITED STATES

No. 9680.

125 F.2d 75 (1942)

MILLER et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

January 22, 1942.

Attorney(s) appearing for the Case

J. Oscar Goldstein and Burton J. Goldstein, both of Chico, Cal., and Carr & Kennedy and R. P. Stimmel, all of Redding, Cal., for appellants.

Norman M. Littell, Asst. Atty. Gen., Charles R. Denny, John F. Cotter, and Jacob N. Wasserman, Attys., Department of Justice, all of Washington, D. C., Frank J. Hennessy, U. S. Atty., and R. McMillan, Asst. U. S. Atty., both of San Francisco, Cal., and C. U. Landrum, Sp. Asst. to U. S. Atty., of Detroit Lakes, Minn., for appellee.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge.

The United States Government, through its Secretary of the Interior, seeks by action in eminent domain to acquire several parcels of land for the relocation of the main line of the Central Pacific Railway Company between Redding and Delta, in Shasta County, California. Such relocation of the railway is made necessary through the construction of the Shasta Dam, a feature of the so-called Central Valley...

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