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PEOPLE, DEPT. PUB. WKS. v. SOUTHERN PAC. TRANS. CO

Docket No. 41110.

33 Cal.App.3d 960 (1973)

109 Cal. Rptr. 525

THE PEOPLE EX REL. DEPARTMENT OF PUBLIC WORKS, Plaintiff and Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Defendant and Respondent.

Court of Appeals of California, Second District, Division One.

August 14, 1973.

Attorney(s) appearing for the Case

COUNSEL

Harry S. Fenton, Joseph A. Montoya, Robert L. Meyer, Hugh R. Williams, Charles E. Spencer, Jr., and Ira W. Holroyd for Plaintiff and Appellant.

William E. Still and Walt A. Steiger for Defendant and Respondent.

Burt Pines, City Attorney, Robert E. Thomson, Claude E. Hilker and Peyton H. Moore, Jr., Assistant City Attorneys, Norman L. Roberts and Kenneth Cirlin, Deputy City Attorneys, as Amici Curiae for Defendant and Respondent.

OPINION

THOMPSON, J.

Plaintiff (condemner) appeals from a judgment in an eminent domain proceeding awarding respondent (condemnee) the sum of $52,750 as compensation for a strip of real property 40 feet wide by 1,350 feet long at one time used by condemnee for a railroad right-of-way. Condemner concedes the sufficiency of the evidence to support the judgment but contends: (1) the trial...

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