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UNITED STATES v. CERTAIN LANDS IN COUNTY OF SAN DIEGO

Civ. No. 1546-SD.

214 F.Supp. 44 (1963)

UNITED STATES of America, Plaintiff, v. CERTAIN LANDS IN the COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, et al., Defendants.

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

February 8, 1963.

Attorney(s) appearing for the Case

Francis C. Whelan, U. S. Atty., James R. Akers, Jr., Asst. U. S. Atty., Los Angeles, Cal., for plaintiff.

Robert E. Reed, George C. Hadley, Paul E. Overton, Los Angeles, Cal., by Richard G. Rypinski, San Diego, Cal., for defendants.

WEINBERGER, District Judge.

In August of 1953, plaintiff filed a condemnation suit to acquire an easement for the location, construction, etc. of a fuel oil pipeline. Included in the lands affected by said easement were certain parcels belonging to the State of California (hereinafter called "defendant") designated in the said complaint as Parcels 29A and 29C. Said parcels were then, have been since, and are now used for highway purposes of said defendant.

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