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PEOPLE OF STATE OF CAL., ETC. v. UNITED STATES

No. 75-1140.

547 F.2d 1388 (1977)

PEOPLE OF the STATE OF CALIFORNIA ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. The UNITED STATES of America ex rel. Department of Transportation, Federal Highway Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

February 16, 1977.

Attorney(s) appearing for the Case

O. J. Solander, argued, Harry S. Fenton, Sacramento, Cal., for plaintiff-appellant.

Dwayne Keyes, U. S. Atty. Sacramento, Cal., Morton Hollander, Karen K. Siegel, argued, Department of Justice, Washington, D. C., David S. Teske, Jack C. Wong, Asst. U. S. Atty., Portland, Ore., for defendant-appellee.

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

SUPERSEDING OPINION

The per curiam opinion filed September 30, 1976, is withdrawn and the following substituted therefor:

This is an appeal from a district court order granting Appellee's motion for summary judgment. We affirm.

Pursuant to the provisions of the Federal-Aid Highway Act (23 U.S.C. § 101, et seq.), the United States and the State of California undertook mutual responsibility for the construction and financing of Interstate Highway...

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