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VIEUX v. COUNTY OF ALAMEDA

No. C-85-3394 WHO.

695 F.Supp. 1023 (1987)

Robert A. VIEUX, Winifred J. Vieux, Donald J. Vieux, Trustee of the Estate of Carl Zwissig, Ralph F. Pombo, Gordon Griffith, Marianne Griffith, Kathleen Brockman, Nancy Burr, Miguel Franco, M.E. Franco, Joseph J. Jess, Connie L. Jess, Paul Marciel, Don Scullion, Trustee of the Greeley Estate, Agnes Martin, Doris E. House, DePaoli Equipment, Inc., a California corporation, Ray A. Petersen, Deborah Petersen, Ferrari Bros., a partnership, Rancho Arroyo de la Alameda, a general partnership, Helen I. Andrade, Plaintiffs, v. COUNTY OF ALAMEDA, a political subdivision of the State of California, Southern Pacific Transportation Company, a Delaware corporation, Santa Fe Pacific Realty Corporation, a Delaware corporation, Robert T. Knox, John George, Defendants.

United States District Court, N.D. California.

September 29, 1987.

Attorney(s) appearing for the Case

Joseph M. Gughemetti, A Professional Corp., San Mateo, Cal., for plaintiffs.

Richard J. Moore, County Counsel, County of Alameda, Oakland, Cal., Lynn H. Pasahow, Rochelle Souza, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for County of Alameda, Southern Pacific Transp. Co., Santa Fe Pacific Realty Corp., Robert T. Knox and John George.

OPINION AND ORDER

ORRICK, District Judge.

The major question considered in this action is whether plaintiff landowners become entitled to reversionary land interests in abandoned railroad rights-of-way. For the reasons set forth below, the Court finds that they do not.

I

Plaintiffs are twenty-one landowners, or executors or trustees of landowners, challenging the transfer by Southern Pacific Transportation Company ("Southern Pacific") to...

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