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MILLER v. CITY OF LOS ANGELES

No. 83-5895.

755 F.2d 1390 (1985)

Milton A. MILLER and Mandel M. Miller, Plaintiffs-Appellants, v. The CITY OF LOS ANGELES, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 22, 1985.

Attorney(s) appearing for the Case

Michael M. Berger, Fadem, Berger & Nortone, Santa Monica, Cal., for plaintiffs-appellants.

Edward Dygert, Deputy City Atty., Los Angeles, Cal., for defendant-appellee.

Before TANG, SKOPIL, and POOLE, Circuit Judges.

SKOPIL, Circuit Judge:

The Millers own property on the east side of Colfax Avenue, a street which the City of Los Angeles seeks to widen. The City has filed a condemnation action to take the front 20 feet of the Millers' property. The Millers are part of an assessment district and will be charged an amount commensurate with their benefit from the street widening pursuant to the Improvement Act of 1911 (California Streets and Highways Code § 5000 et seq.).

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