UNITED STATES v. 422,978 SQUARE FT. OF LAND, SAN FRANCISCO

No. 23888.

445 F.2d 1180 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. 422,978 SQUARE FEET OF LAND, IN the CITY AND COUNTY OF SAN FRANCISCO, and Unknown Owners, Defendants, State of California, Defendant and Appellant.

United States Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing August 23, 1971.


Attorney(s) appearing for the Case

Wayman M. Robertson, Jr., Asst. Atty. Gen. (argued), Evelle J. Younger, Atty. Gen., San Francisco, Cal., for defendant-appellant.

Edmund B. Clark, Atty., Dept. of Justice (argued), Shiro Kashiwa, Asst. Atty. Gen., Washington, D. C., James L. Browning, U. S. Atty., J. Harold Weise, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before CHAMBERS, BROWNING and CARTER, Circuit Judges.


JAMES M. CARTER, Circuit Judge:

This is an appeal from an order of the district court dismissing a complaint in condemnation. The State of California appeared in the action as an owner claiming rights in the subject property and resisted the motion of the United States to dismiss. The State's appeal raises questions of whether the United States exercised a navigational easement in connection with the subject property and whether the statute of limitations under the...

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