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CALVERT v. HUCKINS

No. 96-15301.

109 F.3d 636 (1997)

William O. CALVERT; Elfreida Calvert, Plaintiffs-Appellants, v. Pete HUCKINS; Western Aggregates Inc.; Centex Corporation; Centex Cement Enterprises Inc.; Silica Resources, Inc.; Cal Sierra Development Company Inc.; Kratzer Pre-Cast; Electric Goss; Western Water Company; Yg Development Company Inc.; Yuba Westgold Inc.; Timbuctoo Sporting Estate; Mallard Huntley; Granite Construction; Yuba County; State of California; United States of America, Defendants-Appellees. Pipe Trades Association; John Coots, Applicants in intervention-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 26, 1997.

Attorney(s) appearing for the Case

David A. Rosenfeld, Van Bourg, Weinberg, Roger & Rosenfeld, Oakland, California, for plaintiffs-appellants.

Diane L. Gibson, Graham & James, LLP, San Francisco, California, for Cal Sierra Development, Inc.

Stephen L. Mackey, Donahue, Wood, Loving, Myers & Vogel, Sacramento, CA, for Timbuctoo Sporting Estate and Pete Huckins.

Stanley A. Coolidge, Law Offices of Stanley A. Coolidge, Yuba City, CA, for Western Aggregates, Inc., Silica Resources, Inc., and Granite Construction Co.

Robert J. Parks, Marjeta D. Six, Lorenz Alhadeff Cannon & Rose, LLP, San Diego, CA, for Western Water Co.

Sharon A. Stone, County of Yuba, Marysville, CA, for County of Yuba.

Charles J. Stevens, U.S. Atty., Yoshinori H.T. Himel, Asst. U.S. Atty., Sacramento, CA, for U.S.

William M. McMillan, Chief Counsel, James W. Lemmond, California Department of Transportation, Sacramento, California, for the State of California.

Before: REINHARDT, HALL and THOMPSON, Circuit Judges.

PER CURIAM.

William and Elfreida Calvert own a ranch in Yuba County, California. The only access to the Calverts' ranch is provided by a private road owned by Western Aggregates, Inc. (Western), and maintained by the other defendants. In an earlier state court action in California, the state court quieted title to the road in Yuba Natural Resources (Western's predecessor-in-interest), and granted the Calverts a private easement to use the western portion of the road...

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