Treasure Co. v. United States

Good Law
169 F.2d 437·1948 U.S. App. LEXIS 2225
United States Court of Appeals for the Ninth CircuitAugust 6, 1948No. 11768California1,970 words

Opinion

Lead Opinion

Mathews, J.

On September 28, 1942, appellee, the United States, took for public use certain property, real and personal, in Los Angeles County, California. In the District Court of the United States for the Southern District of California, appellee filed a complaint on September 28, 1942, seeking condemnation of the real property, and an amended complaint on January 12, 1944, seeking condemnation of all the property, ■real and personal. All persons and corporations having or claiming to have any ■right, title or interest in or to the property *438 were made parties to the condemnation proceeding. Among those claiming to have such right, title or interest were appellants, Treasure Company, a corporation, hereafter called Treasure, and Samarkand Oil Company, a corporation, hereafter called Samarkand.

Samarkand answered the amended complaint on April 30, 1945. Its answer stated, in substance, that it owned a part of the real property and a part of the personal property; stated that'its personal property was unlawfully taken by appellee on September 28, 1942; prayed that the condemnation proceeding be dismissed; and, in the alternative, prayed for a judgment against appellee for damages in the…

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