People v. Department of Transportation, Federal Highway Administration

561 F.2d 731 PEOPLE of the STATE OF CALIFORNIA ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. U. S. of America ex rel. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, Defendant-Appellee. No. 75-2284. United States Court of Appeals, Ninth Circuit. June 22, 1977. O. J. Solander, Dept. of Transp., Sacramento, Cal., argued for plaintiff-appellant. Karen K. Siegel, William Kanter, Leonard Schaitman, Appellate Section Civ. Div., U. S. Dept. of Justice, Washington, D. C., argued for defendant-appellee. Appeal from the United States District Court for the Eastern District of California. Before WALLACE and SNEED, Circuit Judges, and ZIRPOLI, * District Judge. WALLACE, Circuit Judge: 1 The State of California sued the United States for reimbursement of interest paid in obtaining a voluntary right of entry for the construction of a portion of Interstate Highway 5. The district judge granted summary judgment to the United States on the ground that the provisions of Policy and Procedure Memorandum (PPM) 80-4, P 3i, a Federal Highway Administration directive, 1 apply to limit the amount of interest which the United States is legally obligated to pay. We affirm. I. 2…