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CITY OF STOCKTON v. MILES AND SONS, INC.

Civ. No. 7384.

165 F.Supp. 554 (1958)

CITY OF STOCKTON, a Municipal Corporation, Plaintiff, v. MILES AND SONS, INC., a Nevada Corporation, et al., Defendants.

United States District Court N. D. California, N. D.

July 31, 1958.

Attorney(s) appearing for the Case

Monroe N. Langdon, City Atty., and Jack D. Wickware, Deputy City Atty., Stockton, Cal., and Holloway Jones, Jack M. Howard and John P. Horgan, San Francisco, Cal., for plaintiff.

C. Ray Robinson, Merced, Cal., Eugene A. Mash, San Francisco, Cal., and William J. Adams, Merced, Cal., for defendant, Miles and Sons, Inc., a Nevada Corporation.

HALBERT, District Judge.

This is an action in eminent domain, brought by the plaintiff, City of Stockton, to condemn a portion of certain real property owned by defendant, for the purpose of constructing thereon a public improvement in the nature of a flood control facility. The action was commenced in the Superior Court of the State of California, in and for the County of San Joaquin, and subsequently was removed to this Court on the basis of diversity of citizenship...

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