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UNITED STATES v. 40.60 ACRES OF LAND, ETC., CALIFORNIA

No. 71-2018.

483 F.2d 927 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. 40.60 ACRES OF LAND, MORE OR LESS, IN the COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, CONTRA COSTA COUNTY WATER DISTRICT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 29, 1973.

Attorney(s) appearing for the Case

Frederick Bold, Jr. (argued), of Bold & Polisner, Richmond, Cal., for defendant-appellant.

Eva R. Datz, Atty. (argued), Dale Kent Frizzell, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., James R. Browning, Jr., U. S. Atty., J. Harold Weise, Asst. U. S. Atty., San Francisco, Cal., Edmund B. Clerk, Land & Natural Resources Div., Dept. of Justice, Jacques B. Gelin, Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before HASTIE, BROWNING and WRIGHT, Circuit Judges.

PER CURIAM:

Does a district court have jurisdiction in a condemnation action brought by the United States to entertain the counterclaim of a public utility whose facilities are expressly excluded from condemnation?

In 1968, the United States condemned the entire community of Port Chicago, California, for use as part of the Concord Naval Weapons Station. Excepted from the condemnation were all public utility easements. Appellant Water District is the owner...

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