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SOUTHERN PACIFIC TRANSPORTATION COMPANY v. CITY OF LOS ANGELES

No. 89-55100.

922 F.2d 498 (1990)

SOUTHERN PACIFIC TRANSPORTATION COMPANY; George Gregson; Patricia Gregson Millington; and Edwin J. Gregson, Plaintiffs-Appellants, v. CITY OF LOS ANGELES; and California Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Opinion Filed September 7, 1990.

Opinion Amended November 9, 1990.

Opinion Withdrawn December 4, 1990.

Order and Opinion Filed December 4, 1990.

Attorney(s) appearing for the Case

Thomas F. Winfield, III and Vicki E. Land, Brown, Winfield & Canzoneri, Inc., Los Angeles, Cal., for plaintiffs-appellants.

Patricia V. Tubert, Deputy City Atty., Los Angeles, Cal., for defendant-appellee.

Christopher Hiddleson, Los Angeles, Cal., for defendant-appellee, California Dept. of Transp.

Before NELSON, NORRIS and O'SCANNLAIN, Circuit Judges.

ORDER

The mandate of this court, issued October 1, 1990, is recalled.

The amended opinion filed November 9, 1990 is hereby withdrawn and the attached opinion is filed in its stead.

DOROTHY W. NELSON, Circuit Judge:

OVERVIEW

Appellants own real property in the City of Los Angeles which once was dedicated as a railroad right-of-way. The right-of-way was formally abandoned, and the city subsequently applied a zoning designation to...

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