STATE OF CALIFORNIA v. UNITED STATES

No. 21291.

395 F.2d 261 (1968)

STATE OF CALIFORNIA et al., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

May 22, 1968.


Attorney(s) appearing for the Case

Miriam E. Wolff (argued), Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., San Francisco, Cal., for appellant.

Edmund B. Clark (argued), Roger P. Marquis, Attys., Dept. of Justice, Washington, D.C., Edwin L. Weisl, Jr., Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Cecil F. Poole, U. S. Atty., J. Harold Weise, Asst. U. S. Atty., Lands Division, San Francisco, Cal., for appellee.

Before BARNES, HAMLIN and BROWNING, Circuit Judges.


BROWNING, Circuit Judge:

The United States initiated proceedings to condemn certain lands in the City and County of San Francisco for the expansion of San Francisco Naval Shipyard. The State of California claimed title to part of the lands and sought compensation for their loss. The district court awarded nominal damages. The State appealed.

It is stipulated that all of the condemned lands, including those claimed by the State, were tide or submerged lands...

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