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CITY AND COUNTY OF HONOLULU v. UNITED STATES

No. 14220.

224 F.2d 573 (1955)

CITY AND COUNTY OF HONOLULU, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 30, 1955.

Attorney(s) appearing for the Case

Norman K. Chung, City and County Atty., Ted T. Tsukiyama, Deputy City and County Atty., City and County of Honolulu, Honolulu, Hawaii, for appellant.

Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, Elizabeth Dudley, Attys., Department of Justice, Washington, D. C., Louis Blissard, U. S. Atty., Honolulu, Hawaii, for appellee.

Before DENMAN, Chief Judge, and ORR and FEE, Circuit Judges.

DENMAN, Chief Judge.

The City and County of Honolulu has appealed from a judgment entered by the United States District Court for the District of Hawaii dismissing appellant's motion, under F.R.C.P. Rule 60(b) (6), 28 U.S.C.A., for relief from a judgment condemning certain interests in land formerly owned by appellant.

In its motion the city asked that the district court "find, determine and declare that the United States as plaintiff did not include the said...

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