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CALIFORNIA ZINC CO. v. UNITED STATES

No. 47594.

72 F.Supp. 591 (1947)

CALIFORNIA ZINC CO. et al. v. UNITED STATES.

Court of Claims.

July 7, 1947.

Attorney(s) appearing for the Case

George Herrington, of San Francisco, Cal. (Orrick, Dahlquist, Neff, Brown & Herrington, of San Francisco, Cal., on the brief), for plaintiffs.

W. H. Churchwell, of Washington, D. C., and David L. Bazelon, Asst. Atty. Gen., for defendant.

Before WHALEY, Chief Justice, and WHITAKER, MADDEN, JONES and LITTLETON, Judges.

WHITAKER, Judge.

This case is before us on defendant's demurrer grounded on a misjoinder of parties and of causes of action.

Plaintiff California Zinc Company was the owner of some zinc mines in the State of California and plaintiff Railway Company was the owner of a railroad from the mines to Pitt Station in the State of California. It is alleged that a large part of the mines and practically all of the railway either have been or necessarily will be inundated...

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