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TWOMBLEY v. CITY OF LONG BEACH

No. 18574.

333 F.2d 685 (1964)

Lewis W. TWOMBLEY, Appellant, v. CITY OF LONG BEACH, a California Municipal Corporation; Murray T. Courson, City Auditor, of the City of Long Beach, California; State of California; and The State Lands Commission of the State of California, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 14, 1964.

Certiorari Denied November 9, 1964.

Attorney(s) appearing for the Case

Frank C. Aldrich, Aldrich & Hitt, Long Beach, Cal., Herman F. Selvin, Los Angeles, Cal., for appellant.

Stanley Mosk, Atty. Gen., Ernest E. Sanchez, Norman G. Taylor, Deputy Attys. Gen., Los Angeles, Cal., for appellees State of Cal. and State Lands Commission of State of Cal.

Gerald Desmond, City Atty., John C. Spence, Jr., and Philip J. Brady, Asst. City Attys., Malcolm E. Uptegraff, Deputy City Atty., Long Beach, Cal., for appellees City of Long Beach and Murray T. Courson.

Carl Whitson, in pro. per.

Before BARNES, JERTBERG and MERRILL, Circuit Judges.

Certiorari Denied November 9, 1964. See 85 S.Ct. 195.

MERRILL, Circuit Judge.

The question presented by this appeal is whether the City of Long Beach, California, holds fee title to the submerged lands (lands covered by navigable nontidal waters) within its boundaries, free from any right in the State of California.

Appellant, as a citizen, resident and taxpayer of the City of Long Beach, has brought this action against Long Beach and the State of...

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