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STATE OF ARIZONA, ARIZONA HIGHWAY DEPT. v. UNITED STATES

No. 67-73.

494 F.2d 1285 (1974)

STATE OF ARIZONA, a body politic acting By and Through the ARIZONA HIGHWAY DEPARTMENT v. The UNITED STATES.

United States Court of Claims.

April 17, 1974.

Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix, Ariz., for plaintiff. James R. Redpath, Phoenix, Ariz., attorney of record. Gary K. Nelson and Donald O. Loeb, Phoenix, Ariz., of counsel.

Ray Goddard, Washington, D. C., with whom was Acting Asst. Atty. Gen. Irving Jaffe, for defendant.

Before NICHOLS, KUNZIG and BENNETT, Judges.

ON DEFENDANT'S MOTION AND PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT

NICHOLS, Judge.

This case is here on defendant's motion and plaintiff's cross motion for summary judgment. The plaintiff is the State of Arizona (Arizona) which brings this action to recover $81,361.18 of the costs it incurred in the removal and relocation of utility facilities owned by El Paso Natural Gas Co. (El Paso) for the construction...

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