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UNITED STATES v. 100 ACRES OF LAND, MARIN CTY., CAL.

Nos. 26483, 26531.

468 F.2d 1261 (1972)

UNITED STATES of America, Appellant, Cross-Appellee, v. 100 ACRES OF LAND, MORE OR LESS, IN MARIN COUNTY, STATE OF CALIFORNIA, and Drake's Beach Estates, Inc., a corporation, et al., Appellees, Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 6, 1972.

Attorney(s) appearing for the Case

Carl Strass (argued), Raymond N. Zagone, Kent Frizzell, Attys., Shiro Kashiwa, Asst. Atty. Gen., Washington, D.C., James L. Browning, Jr., U.S. Atty., Robert H. Hamblin, Asst. U.S. Atty., San Francisco, Cal., for appellant, cross-appellee.

Jess S. Jackson, Jr. (argued), Burlingame, Cal., Edward D. Landels (argued), Earl M. Ripley, of Landels Ripley, Gregory & Diamond, San Francisco, Cal., Robert S. Webber, Burlingame, Cal., E. Warren McGuire, County Counsel, San Rafael, Cal., for appellees, cross-appellants.

Before BROWNING and WRIGHT, Circuit Judges, and TAYLOR, District Judge.

FRED M. TAYLOR, District Judge.

This is a condemnation action involving a small peninsula of sandy real estate on the coast of Marin County, California, commonly known as Limantour Spit, some 45 miles north of the city of San Francisco on the Pacific Coast. Appellee (Drake's Beach) claims title through a patent of the United States to Andrew Randall issued June 4, 1860. The Government contends that the land in question was...

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