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PACIFIC INTER-CLUB YACHT ASSOCIATION v. MORRIS

Civ. No. 7989.

197 F.Supp. 218 (1960)

PACIFIC INTER-CLUB YACHT ASSOCIATION, a corporation, Plaintiff, v. H. A. MORRIS, District Engineer, T. H. Richards, Jr., Carl F. Wente, William P. Elser, Henry Clineschmidt, and James H. Smith, members of the Fish and Game Commission of the State of California; Colon O. Kilby, William Goheen, A. L. Lopes, D. A. Mowers and Raymond E. Church, members of the Board of Supervisors of the County of Solano; Does One to Twenty, Defendants.

United States District Court N. D. California, N. D.

April 11, 1960.

Attorney(s) appearing for the Case

J. Warren Manuel, Oakland, Cal., for plaintiff.

Lynn J. Gillard, U. S. Atty., Keith R. Ferguson, Sp. Asst. to Atty. Gen., of United States, San Francisco, Cal., for defendant H. A. Morris, District Engineer.

James M. Shumway, County Counsel, John G. Soanes, Asst. County Counsel, John P. Csomay, Deputy County Counsel, Fairfield, Cal., for defendants Colon O. Kilby, A. L. Lopes, William Goheen, D. A. Mowers and Raymond E. Church, Members of the Board of Supervisors of the County of Solano.

Stanley Mosk, Atty. Gen., Ralph W. Scott, Deputy Atty. Gen., for defendants T. H. Richards, Jr., Carl F. Wente, William P. Elser, Henry Clineschmidt and James H. Smth, members of the Fish and Game Commission of the State of California.

HALBERT, District Judge.

This action was brought under the purported authority of Title 33 U.S.C.A. § 525 to prevent the building of a bridge across Montezuma Slough (a navigable waterway) in such a manner as to obstruct navigation unreasonably.

The defendants, Department of Fish and Game of the State of California, and Board of Supervisors of the County of Solano, applied to the Chief of Engineers and the Secretary of the Army for permission to build...

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