Olinger

FINDINGS OF FACT AND CONCLUSIONS OF LAW

This matter having come on for hearing on December 9, 1974 at the hour of 10:00 A.M. before the Honorable A. Andrew Hauk, United States District Court Judge, in his courtroom, United States Courthouse Building, 312 North Spring Street, Los Angeles, California upon the defendant’s Motion to Dismiss Action for Failure to State Claim Against Defendant City of Palm Springs, and

The defendant City of Palm Springs having appeared through its counsel Jones & Wilson by Robert E. Jones, and The United States of America, et al. having appeared through its counsel, Mrs. Ernestine Tolin, Assistant U. S. Attorney, and Larry N. Olinger, plaintiff having appeared through his counsel, Michael M. Berger and evidence both oral and documentary having been presented to the court, and good cause appearing therefore; the court now finds and concludes as follows:

FINDINGS OF FACT

I

Plaintiff Larry N. Olinger, of American Indian descent, is the owner of certain real property held in trust by the United States Government consisting of approximately twenty acres described as:

Said property is located in the City of Palm Springs, State of California.

II

The…