California Ex Rel. State Department of Public Works v. United States Ex Rel. Federal Department of Interior

The motion of the United States to dismiss the action came on for hearing on October 22, 1956, at 10:00 a. m.

The complaint was filed October 10, .1953. The complaint is by the People of the State of California, acting by and through the State Department of Public Works, which is a state agency, duly vested with jurisdiction and control of the state highway system of the State of California. The defendants are the United States of America, acting by and through the Department of Interior, Bureau of Reclamation, P. H. Greer Company, Inc., a corporation, and numerous fictitiously named defendants, none of whom was served with process.

Attached to the complaint is a map, marked “Exhibit A”, upon which is delineated the state highway in question, designated as VI-TUL-131-B; also shown are lands adjacent thereto, including the lands of the defendant, P. H. Greer Company, Inc., culverts across said highway constructed by plaintiif or its predecessor in interest, the County of Tulare. The map also shows the size and location of that portion of the Friant-Kern Canal running through the area, and the sizes and locations of levees, pipe lines, culverts, ditches, channels, and a reservoir,…