IVANHOE IRR. DIST. v. ALL PARTIES

Docket No. L.A. 23043. Sac. No. 6489.

53 Cal.2d 692 (1960)

350 P.2d 69

3 Cal. Rptr. 317

THE IVANHOE IRRIGATION DISTRICT, Plaintiff and Appellant, v. ALL PARTIES AND PERSONS etc., Defendants; COURTNEY McCRACKEN et al., Respondents; THE PEOPLE, Defendant and Appellant. MADERA IRRIGATION DISTRICT, Plaintiff and Appellant, v. ALL PERSONS etc., Defendants; JOHN HUMPHREYS et al., Respondents; THE PEOPLE et al., Defendants and Appellants.

Supreme Court of California. In Bank.

February 29, 1960.


Attorney(s) appearing for the Case

Edmund G. Brown and Stanley Mosk, Attorneys General, B. Abbott Goldberg, Assistant Attorney General, Adolphus Moskovitz, Deputy Attorney General, E.I. Feemster, James R. McBride, David E. Peckinpah, Denver C. Peckinpah, Harold M. Child, and L.N. Barber for Appellants.

J. Lee Rankin, Solicitor General of the United States, Perry W. Morton, Assistant Attorney General, David R. Warner and Roger P. Marquis, Attorneys, Department of Justice, Roy A. Gustafson, District Attorney (Ventura), James E. Dixon, Deputy District Attorney, and McCormick, Moock & McCormick as Amici Curiae on behalf of Appellants.

Harry W. Horton, Reginald L. Knox, Horton & Knox, Horton, Knox & Carter, M.A. Bailey, W.R. Bailey, Henry Holsinger, Principal Attorney, Division of Water Resources, Gavin M. Craig, Senior Attorney, Denslow B. Green, Sherwood Green, Green, Green & Plumley, Green, Green & Bartow, Coffee & Wolfe, Dowell & Thompson, Virgil C. Dowell, Brobeck, Phleger & Harrison, Herman Phleger, Alvin J. Rockwell and John M. Naff, Jr., for Respondents.

Edson Abel as Amicus Curiae on behalf of Respondents.


PETERS, J.

For convenience these two appeals will be disposed of in one opinion.

The facts in reference to the Ivanhoe case are as follows: On September 23, 1949, the district, acting under the Irrigation District Federal Cooperation Law (Wat. Code, §§ 23175 et seq.), entered into a contract with the United States, acting through the Bureau of Reclamation of the Department of the Interior, for the delivery...

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