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FAIRFIELD GARDENS, INC. v. UNITED STATES

No. 17300.

306 F.2d 167 (1962)

FAIRFIELD GARDENS, INC., a California corporation, et al., Appellants, v. UNITED STATES of America, Appellee. UNITED STATES of America, Appellant, v. FAIRFIELD GARDENS, INC., a California corporation, et al., Appellee.

United States Court of Appeals Ninth Circuit.

June 27, 1962.

Attorney(s) appearing for the Case

Breed, Robinson & Stewart, and Bestor Robinson, Oakland, Cal., for appellant.

Ramsey Clark, Asst. Atty. Gen., Roger P. Marquis, A. Donald Mileur, Attorneys, Department of Justice, Washington, D. C., Cecil F. Poole, U. S. Atty., Charles R. Renda, Asst. U. S. Atty., and J. Harold Weise, Attorney, San Francisco, Cal., for appellee.

Before ORR, BROWNING and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge.

These are cross appeals by the condemnee (Fairfield) and by the government in an action brought by the government to condemn Fairfield's leasehold interest in two so-called Wherry housing projects located at Travis Air Force Base, Solano County, California. We conclude that the judgment should be affirmed.

The projects in question were constructed under the Wherry Act (12 U.S. C.A. §§ 1748-1748h), the government owning the...

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