People of State of California v. United States

547 F.2d 1388 PEOPLE OF the STATE OF CALIFORNIA ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. The UNITED STATES of America ex rel. Department of Transportation, Federal Highway Administration, Defendant-Appellee. No. 75-1140. United States Court of Appeals, Ninth Circuit. Feb. 16, 1977. 1 O. J. Solander, argued, Harry S. Fenton, Sacramento, Cal., for plaintiff-appellant. 2 Dwayne Keyes, U. S. Atty. Sacramento, Cal., Morton Hollander, Karen K. Siegel, argued, Department of Justice, Washington, D. C., David S. Teske, Jack C. Wong, Asst. U. S. Atty., Portland, Ore., for defendant-appellee. 3 Appeal from the United States District Court for the Eastern District of California. 4 Before BROWNING and CHOY, Circuit Judges, and GRAY, * District Judge. SUPERSEDING OPINION 5 The per curiam opinion filed September 30, 1976, is withdrawn and the following substituted therefor: 6 This is an appeal from a district court order granting Appellee's motion for summary judgment. We affirm. 7 Pursuant to the provisions of the Federal-Aid Highway Act ( 23 U.S.C. § 101 , et seq.), the United States and the State of California undertook mutual responsibility for the construction and…