NEAR v. DEPARTMENT OF ENERGY

No. CV S-02-57 LKK.

259 F.Supp.2d 1055 (2003)

Daniel NEAR, et al., Plaintiffs, v. DEPARTMENT OF ENERGY, et al., Defendants.

United States District Court, E.D. California.

May 2, 2003.


Attorney(s) appearing for the Case

Daniel A. Near, Folsom, CA, for Plaintiffs.

Bobbi J. Montoya, Assistant U.S. Attorney, United States Attorney, Sacramento, CA, for Defendant.


ORDER

KARLTON, Senior District Judge.

Plaintiffs sue to enjoin an agency of the United States, the Western Area Power Administration, Department of Energy ("WAPA"), from cutting down certain trees on their property. The government has counter-claimed, seeking to enforce the terms of its easement which, it claims, would require plaintiffs to remove certain structures from the easement and would allow...

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