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WESTERN AGGREGATES, INC. v. COUNTY OF YUBA

No. C037523.

130 Cal.Rptr.2d 436 (2002)

101 Cal.App.4th 278

WESTERN AGGREGATES, INC., Plaintiff and Appellant, v. COUNTY OF YUBA, Defendant and Respondent.

Court of Appeals of California, Third District.

Opinion on Denial of Rehearing August 16, 2002.

Review Denied October 16, 2002.

Attorney(s) appearing for the Case

Morgenstein & Jubelirer, Jean L. Bertrand and David H. Bromfield, San Francisco, for Plaintiff and Appellant.

Daniel G. Montgomery, Marysville; Van Bourg, Weinberg, Roger & Rosenfeld, Stanley A. Coolidge, Yuba City, and David A. Rosenfeld, San Diego, for Defendant and Respondent.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, J. Matthew Rodriquez and Peter Southworth, Deputy Attorneys General, Amicus Curiae on behalf of Defendant and Respondent.

MORRISON, J.

This case involves a gravel moonscape left by hydraulic mining in the 19th Century; in the background it features ferries, stage coaches, gold dredging, abandoned towns, access to the Yuba River and millions of dollars worth of high-quality construction aggregates (sand and gravel).

During labor unrest, Western Aggregates, Inc. (Western) had several union members arrested for trespass in the Yuba Goldfields. Some arrestees filed civil rights suits...

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