ATCHISON ETC. RY. CO. v. KINGS CO. WATER DIST.

Docket No. L.A. 24184.

47 Cal.2d 140 (1956)

302 P.2d 1

ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (a Corporation), Respondent, v. KINGS COUNTY WATER DISTRICT et al., Appellants.

Supreme Court of California. In Bank.

October 11, 1956.


Attorney(s) appearing for the Case

Walch & Griswold for Appellants.

Robert W. Walker, John J. Balluff, Sidney J.W. Sharp, Herbert M. Braden and Lawrence W. Clawson for Respondent.

George H. Johnston, Willard S. Johnston and Johnston & Johnston as Amici Curiae on behalf of Respondent.


SPENCE, J.

This is an appeal from a judgment ordering the issuance of a peremptory writ of mandate requiring the board of directors of the Kings County Water District to exclude therefrom certain property constituting a right-of-way owned by the Atchison, Topeka and Santa Fe Railway Company. The board, following an extended hearing, had denied Santa Fe's petition for exclusion of the property. [1] While mandamus...

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