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PETERSEN v. UNITED STATES

No. 18667.

327 F.2d 219 (1964)

Elinor E. PETERSEN, Carol E. Heche, and 51.424 acres of land, more or less, in the City and County of San Francisco, State of California, et al., Appellants, v. UNITED STATES of America and the State of California, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 25, 1964.

Attorney(s) appearing for the Case

Elinor E. Petersen, in pro. per., and Carol E. Heche, in pro. per., for appellants.

Ramsey Clark, Asst. Atty. Gen., Roger P. Marguis and George R. Hyde, Attys., Dept. of Justice, Washington, D. C., Cecil F. Poole, U. S. Atty., and J. Harold Weise, Asst. U. S. Atty., San Francisco, Cal., for appellee United States.

Stanley Mosk, Atty. Gen. of California; and Miriam E. Wolff, Deputy Atty. Gen., San Francisco, Cal., for appellee State of California.

Before CHAMBERS, Circuit Judge, MADDEN, Judge of the Court of Claims, and BROWNING, Circuit Judge.

MADDEN, Judge.

The United States brought an eminent domain action to take a certain 51.424 acre tract of land located in the State of California. The United States District Court on February 27, 1956, made an order for the delivery of the possession of the property to the United States. In the instant phase of the eminent domain proceeding, our problem is to determine whether or not the appellants were the owners of the property taken, at the time of the taking. The...

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