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SAN BERNARDINO VALLEY MUNICIPAL WATER DIST. v. GAGE CANAL CO.

Docket No. 7171.

226 Cal.App.2d 206 (1964)

37 Cal. Rptr. 856

SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, Plaintiff and Appellant, v. THE GAGE CANAL COMPANY, Defendant and Respondent; HARRY R. ERWIN et al., Defendants and Appellants.

Court of Appeals of California, Fourth District.

April 8, 1964.

Attorney(s) appearing for the Case

Taylor, Smith & Williams, Taylor & Smith, Robert J. Webb and Edward F. Taylor for Plaintiff and Appellant.

Walker, Sullivan, Hews, Brown & Yakutis and Alexander B. Yakutis for Defendants and Appellants.

Redwine & Sherrill, Justin M. McCarthy and Earl Redwine for Defendant and Respondent.

STONE, J.*

Plaintiff, a municipal water district, filed an action in condemnation pursuant to California Municipal Water District Act of 1911, to condemn the water rights and certain of the physical properties of defendant-respondent, an incorporated mutual water company.

By way of special defense, defendant company pleaded that there is pending another action filed some 10 months prior to this action, by which the City of Riverside...

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