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UNITED STATES v. 2,124.67 ACRES OF LAND

No. 11961.

138 F.Supp. 529 (1955)

UNITED STATES of America, Plaintiff, v. 2,124.67 ACRES OF LAND, Dwight Murphy and Grace Murphy et al., Defendants.

United States District Court S. D. California, Central Division.

December 31, 1955.

Attorney(s) appearing for the Case

Laughlin E. Waters, U. S. Atty., Richard A. Lavine, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff.

Hill, Farrer & Burrill, Los Angeles, Cal., Percy Heckendorf, Santa Barbara, Cal., for defendants Dwight Murphy and Grace Murphy.

JAMES M. CARTER, District Judge.

As part of pretrial procedure under Rule 16, F.R.C.P., 28 U.S.C.A., the plaintiff and the defendants, Dwight Murphy and Grace Murphy, raise a question for determination prior to trial.

For the purpose of this ruling only, plaintiff concedes that the facts as set forth by defendant land owners are correct, and proceeding arguendo, contends that the land owners may not recover in this proceeding for an alleged loss of a stream...

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