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HUNTINGTON BEACH COMPANY v. UNITED STATES

No. 18-55.

132 F.Supp. 718 (1955)

HUNTINGTON BEACH COMPANY, a Corporation, v. The UNITED STATES.

United States Court of Claims.

July 12, 1955.

Attorney(s) appearing for the Case

W. J. McFarland, Beverly Hills, Cal., Sigvald Nielson and Harry R. Horrow, and Pillsbury, Madison & Sutro, San Francisco, Cal., on the brief, for plaintiff.

Hilbert P. Zarky, Washington, D. C., H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, Ellis N. Slack, and Kenneth E. Levin, Washington, D. C., on the brief, for defendant.

Melvin D. Wilson, Los Angeles, Cal., filed a brief for Southwest Exploration Co. as amicus curiae.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

MADDEN, Judge.

The plaintiff owned land near the seashore in California. It granted to Southwest Exploration Company the right to come on its land and drill wells slantwise to reach oil deposits which were beneath the adjoining submerged lands owned by the State. As compensation, Southwest agreed to pay the plaintiff 17.75% of Southwest's net profits from the sale of the oil taken from the wells. During the year 1948 the...

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