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U.S. v. COUNTY OF SAN DIEGO

No. 91-55321.

965 F.2d 691 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. COUNTY OF SAN DIEGO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 19, 1992.

Attorney(s) appearing for the Case

John J. McCarthy, U.S. Dept. of Justice, Tax Div., Washington, D.C., for plaintiff-appellant.

Miriam Brewster, Deputy County Counsel, San Diego, Cal., for defendant-appellee.

Before WALLACE, Chief Judge, BROWNING and SKOPIL, Circuit Judges.

WALLACE, Chief Judge:

The United States of America (government) appeals from a district court decision denying its motion for summary judgment and granting partial summary judgment to the County of San Diego (County). We are presented with the question of whether General Atomics, a federal contractor, has an independent possessory interest in a government-owned experimental fusion device (device) subject to California's ad valorem property tax. The district...

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