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CITY AND COUNTY OF SAN FRANCISCO v. UNITED STATES

No. 14275.

223 F.2d 737 (1955)

CITY AND COUNTY OF SAN FRANCISCO, a Municipal Corporation, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

As Modified on Denial of Rehearing August 19, 1955.

Attorney(s) appearing for the Case

Dion R. Holm, City Atty., Frank J. Needles, Deputy City Atty., Thomas M. O'Connor, Public Utilities Counsel, City and County of San Francisco, San Francisco, Cal., for appellant.

Warren E. Burger, Asst. Atty. Gen., Benjamin Forman, Paul A. Sweeney, Attys., Department of Justice, Washington, D. C., Lloyd H. Burke, U. S. Atty., Frederick J. Woelflen, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and HEALY and McALLISTER, Circuit Judges.

DENMAN, Chief Judge.

Appellant, hereafter City, appeals from a judgment of the district court holding it liable to the United States for the actual cost of the latter's maintenance and repair of certain trails, roads and bridges in Yosemite National Park during the years 1929 to 1940.

Congress in the Raker Act, 38 Stat. 242, granted to San Francisco, having rights to certain water in the Yosemite National Park Reservation, the right to erect and maintain dams...

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