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CITY OF GILROY v. FILICE

Docket No. 21048.

221 Cal.App.2d 259 (1963)

34 Cal. Rptr. 368

CITY OF GILROY, Plaintiff and Appellant, v. ANGELINA FILICE, Defendant and Respondent.

Court of Appeals of California, First District, Division One.

October 16, 1963.

Attorney(s) appearing for the Case

Sydney S. Johnson, Franklin A. Dill and William B. Boone for Plaintiff and Appellant.

Boccardo, Blum, Lull, Niland, Teerlink & Bell and John W. McDonald for Defendant and Respondent.

SULLIVAN, J.

Plaintiff, City of Gilroy, appeals from a judgment in defendant's favor in the sum of $1,155, entered after a nonjury trial, in an action in eminent domain brought to condemn an easement and right-of-way for the construction, maintenance, repair and replacement of an underground sanitary sewer.

Defendant's entire property is a 27-acre prune orchard operated by the defendant Angelina Filice and her two sons. The easement sought to be acquired by...

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