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CITY OF SACRAMENTO v. SECRETARY OF H. U. D. OF WASH., D. C.

Civ. No. S-2373.

363 F.Supp. 736 (1972)

CITY OF SACRAMENTO, a municipal corporation, Plaintiff, v. SECRETARY OF HOUSING AND URBAN DEVELOPMENT OF WASHINGTON, D. C.; Henretta Simmons; Does 1 through 100, inclusive, Defendants.

United States District Court, E. D. California.

May 22, 1972.

Attorney(s) appearing for the Case

James P. Jackson, City Atty., City of Sacramento, David W. McMurtry, Asst. City Atty., Sacramento, Cal., for plaintiff.

Dwayne Keyes, U. S. Atty., Richard W. Nichols, Asst. U. S. Atty., Sacramento, Cal., for defendants.

MEMORANDUM AND ORDER

MacBRIDE, Chief Judge.

This action is an attempt by the City of Sacramento to condemn real property held in the name of the Secretary of Housing and Urban Development. Although it was originally filed in Sacramento County Superior Court, the Secretary removed it here under 28 U.S.C. § 1442(a) and immediately moved to dismiss it on the ground of sovereign immunity. Contending that it was illegally removed, the City filed a cross...

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