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COLCHICO v. UNITED STATES

Nos. 49106, 49118.

286 F.Supp. 507 (1968)

Daniel COLCHICO et al., Plaintiffs, v. The UNITED STATES, Secretary of Defense Clark Clifford and Secretary of the Navy Paul Ignatius, Defendants. BAY POINT PROJECTS, INC., on behalf of itself and all other similarly situated property owners of the 5,021 acres located in and around the unincorporated community of Port Chicago, California, Plaintiff, v. UNITED STATES of America, Secretary of Defense Clark Clifford and Secretary of the Navy Paul Ignatius, Defendants.

United States District Court N. D. California.

May 23, 1968.

Attorney(s) appearing for the Case

Layne, Brodie & Germino, Palo Alto, Cal., for Colchico and others.

Belli, Ashe, Ellison, Choulos, Cone & Harper, San Francisco, Cal., for Bay Point Projects, Inc.

Rodney Hamblin, Asst. U. S. Atty., San Francisco, Cal., for defendants.

MEMORANDUM OF DECISION

SWEIGERT, District Judge.

The above actions have been brought by residents of the unincorporated town of Port Chicago to obtain preliminary and permanent injunctions enjoining the Secretary of the Navy from acquiring certain real property under Public Law 90-110, 81 Stat. 279, 288 (1967); (The Military Construction Act of 1968).

Under Public Law 90-110 the Secretary of the Navy is about to acquire some 5,021 acres of land within...

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