UNITED STATES v. 80.5 ACRES OF LAND, ETC., CO. OF SHASTA, CAL.

No. 25093.

448 F.2d 980 (1971)

UNITED STATES of America, Appellant, v. 80.5 ACRES OF LAND, MORE OR LESS, IN the COUNTY OF SHASTA, STATE OF CALIFORNIA, Walter W. McGuire, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 11, 1971.


Attorney(s) appearing for the Case

Jacques B. Gelin (argued), Dept. of Justice, Shiro Kashiwa, Asst. Atty. Gen., Washington, D. C., Rodney H. Hamblin, Special Asst. U. S. Atty., San Francisco, Cal., for appellant.

Franklin A. Dill (argued), San Francisco, Cal., William B. Boone, Santa Rosa, Cal., for appellees.

Before BROWNING and CHOY, Circuit Judges, and VON DER HEYDT, District Judge.


VON DER HEYDT, District Judge:

In this condemnation proceeding the United States appeals from the district court's order granting the landowners' motion for summary judgment and dismissing the Government's complaint. Jurisdiction exists in this court pursuant to 28 U.S.C. § 1291.

The facts are as follows. During the Eisenhower Administration, the Department of Interior prepared plans for the Trinity River Project...

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