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PACIFIC NORTHWEST BELL TEL. CO. v. UNITED STATES

No. 74-3373.

549 F.2d 1313 (1977)

PACIFIC NORTHWEST BELL TELEPHONE COMPANY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 4, 1977.

Attorney(s) appearing for the Case

William E. Gwatkin, III, Asst. U. S. Atty. (argued), San Francisco, Cal., for defendant-appellant.

Donald J. Hagen (argued), Seattle, Wash., for plaintiff-appellee.

Before MERRILL and CHOY, Circuit Judges, and GRAY, District Judge.

MERRILL, Circuit Judge:

The United States has taken this appeal from judgment of the district court, 378 F.Supp. 297 (W.D.Wash.1974), awarding the sum of $56,000 to Pacific Northwest Bell Telephone Company (Bell) for damages suffered by a submarine telephone cable on the bed of Lake Washington, a navigable body of water near Seattle. The cable had been placed in Lake Washington pursuant to a permit issued by the United States...

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